THE  GRI 


WASHINGTON 


As  represented  by  a  picture  made  from  seeds  and  grasses,  and  exhibited 
at  the  Alaska- Yukon-Pacific  Exposition  at  Seattle 


A  TEXTBOOK  OF  CIVICS 


FOR    THE 


STATE  OF   WASHINGTON 


BY 


GEORGE  CHANDLER 

AUTHOR  OK  "  IOWA  AND  THE  NATION,"    "  PRACTICAL  CIVICS 


NEW  YORK  •:•  CINCINNATI  •:•  CHICAGO 

AMERICAN    BOOK    COMPANY 


0* 


COPYRIGHT,   igio,  BY 
GEORGE  CHANDLER 


WASHINGTON 

w.  p.    3 


PREFACE 

This  book  has  been  written  in  answer  to  a  popular  demand 
for  a  textbook  that  will  give  the  important  facts  in  the  govern- 
ment of  the  state  of  Washington  and  also  of  the  United  States. 
Government  is  becoming  more  and  more  complex  as  the 
years  go  by,  and  therefore  it  is  of  the  greatest  importance 
that  definite  instruction  be  given  in  civics  in  all  our  schools. 
It  does  not  follow  that  a  knowledge  of  the  facts  of  civics  will 
in  itself  make  good  citizens.  It  is  the  opinion  of  the  author, 
however,  that  the  boys  and  girls  of  our  land  should  be  taught 
the  fundamental  principles  upon  which  the  government  of 
both  the  state  and  the  nation  is  based. 

Good  government  is  founded  on  good  citizenship.  A  few 
of  our  people  are  called  upon  to  make  laws.  Others  are 
chosen  to  enforce  the  laws.  Still  others  are  given  the  task  of 
interpreting  the  laws.  But  all  the  people  should  be  taught 
to  obey  the  laws. 

The  best  preparation  that  can  be  made  by  the  pupils  in 
our  public  schools  to  fit  them  for  their  duties  and  responsi- 
bilities of  citizenship  will  be  found  to  be  thorough  instruction 
in  civics.  Knowledge  of  this  kind  will  not  in  itself  make  good 
citizens,  but  it  will  help.  The  principal  reason  given  for  the 
support  of  the  common  schools  at  public  expense  is  that  it 
is  the  duty  of  the  state  to  train  its  youth  to  be  good  citizens. 

It  is  the  hope  of  the  author  that  this  book  may  be  an  instru- 
ment in  the  hands  of  the  teachers  of  the  state  of  Washington 
in  helping  them  to  do  well  their  great  work  of  training  citizens. 

5 


6 


PREFACE 


The  boys  and  girls  of  to-day  will  be  the  men  and  women  of 
to-morrow.  To  the  boys  and  girls  of  our  state,  this  book  is 
dedicated  with  the  wish  that  they  may  grow  into  noble  man- 
hood and  womanhood,  strong  men,  noble  women,  true 

citizens. 

GEO.  CHANDLER. 
SPOKANE,  WASHINGTON. 


TABLE  OF  CONTENTS 

BOOK  I.  WASHINGTON 

CHAPTBK  PAGE 

I.  THE  CONGRESSIONAL  TOWNSHIP 9 

Patents  and  Deeds 16 

II.  THE  CIVIL  TOWNSHIP 19 

III.  THE  JUSTICE'S  COURT 23 

IV.  TOWN  AND  CITY  GOVERNMENT 27 

V.  THE  PUBLIC  SCHOOLS 33 

VI.  COUNTY  GOVERNMENT 43 

Part  I  (Counties,  Officers,  Commissioners) 43 

Part  II  (Taxes,  Auditor,  Treasurer) 50 

Part  III  (Clerk,  Sheriff,  Superintendent) 56 

Part  IV  (Surveyor,   Coroner,   Prosecuting  Attorney,  Notary 

Public)        61 

VII.  STATE  GOVERNMENT;  THE  CONSTITUTION 66 

State  Constitution 67 

VIII.  ANALYSIS  OF  THE  CONSTITUTION;  ARTICLE  I 116 

IX.  AKIKII    II.  LEGISLATIVE  DEPARTMENT 125 

Part  I  (Organization,  Membership) 125 

Part  II  (Quorum,  Methods  of  Lawmaking,  Prohibitions)     .  132 

Table  of  Counties  ami  Districts          139 

X.  ARTICLE  III.  EXECUTIVE  DEPARTMENT 141 

Part  I  (Governor  and  Other  Officers) 141 

Part  II  (Commissioners    and    Societies,    Qualification,    Sal- 
aries, etc.)       152 

XI.  ARTICLE  IV.  THE  JUDICIARY 161 

XII.  ARTICLES  V-XXVIL  VARIOUS  SUBJECTS       166 

Part  I  (Article  VI.  Elections  and  Voters) 166 

Part  II  (Articles  VII-XV) 170 

Part  III  (Articles  XVI-XXVII) 176 

XIII.  HISTORY  OF  WASHINGTON 183 

XIV.  STATE  INSTITUTIONS -189 

Part  I  (Educational  Institutions) 189 

Part  II  (Penal    and    Reformatory    Institutions,    Hospitals, 

Soldiers'  Home) 194 

7 


8  TABLE  OF  CONTENTS 

BOOK  II.  THE  NATION 

CHAPTER  PAGE 

I.  FORMS  OF  GOVERNMENT 201 

II.  THE  THIRTEEN  COLONIES 205 

III.  THE  ARTICLES  OF  CONFEDERATION 212 

IV.  THE  CONSTITUTIONAL  CONVENTION      .    .    .    . 216 

V.  THE  CONSTITUTION  OF  THE  UNITED  STATES 220 

VI.  PREAMBLE 238 

VII.  ARTICLE  I.  THE  LEGISLATIVE  BRANCH 241 

Part  I  (Congress,  House  of  Representatives)        241 

Part  II  (Apportionment  of  Representatives) 247 

Part  III  (Vacancies,  House  Powers,  Impeachment)      .     .     .  252 

Part  IV  (The  Senate) 257 

Part    V    (Elections    to    Congress,    Meetings,    Membership, 

Rules) 265 

Part  VI  (Privileges  and  .Restrictions  of  Members)    ....  272 

Part  VII  (Lawmaking) .275 

Part  VIII  (Powers  of  Congress;  Taxation,  Borrowing)     .     .  282 
Part  IX   (Regulation  of  Commerce,  Naturalization,   Bank- 
ruptcy)   287 

Part  X  (Coinage,  Measures,  Counterfeiting,  Post  Offices)     .  296 
Part  XI  (Copyrights  and  Patents,   Courts,   Crimes  at  Sea, 

Declaration  of  War) 304 

Part  XII  (Army,  Navy,  Militia,  Legislative  Power)      .     .     .  309 

Part  XIII  (Prohibitions  on  Congress  and  on  the  States)     .     .  316 

VIII.  ARTICLE  II.  THE  EXECUTIVE  BRANCH 326 

Part  I  (Election  of  President) 326 

Part  II  (Qualifications,  Succession,  Salary,  Oath)    ....  336 

Part  III  (Powers  of  the  President,  the  Cabinet)       ....  342 

Part  IV  (Duties  of  the  President,  Removal) 352 

IX.  ARTICLE  III.  THE  JUDICIAL  BRANCH 358 

Part  I  (Organization) 358 

Part  II  (Jurisdiction  of  Courts,  Treason) 365 

X.  ARTICLE  IV.  THE  RELATIONS  OF  THE  STATES 370 

XI.  ARTICLE  V.  AMENDMENTS  TO  THE  CONSTITUTION 377 

Part  I  (Method  of  Amending;  Amendments  I-X)    ....  377 

Part  II  (Amendments  XI-XV) .  386 

XII.  ARTICLES  VI  AND  VII.  GENERAL  PROVISIONS    ......  394 

APPENDIX.  THE  DECLARATION  OF  INDEPENDENCE 398 

INDEX , 403 


WASHINGTON  AND  THE   NATION 
BOOK  I.     WASHINGTON 

CHAPTER  I 
THE  CONGRESSIONAL  TOWNSHIP 

Kinds  of  Townships. — There  are  two  different  kinds  of 
townships  in  Washington,  congressional  and  civil.  Civil  town- 
ships exist  in  only  part  of  the  state,  but  every  foot  of  land  in 
Washington  is  in  some  congressional  township.  This  divi- 
sion was  provided  for  many  years  ago,  by  act  of  congress,  and 
it  has  served  as  the  basis  of  nearly  all  public  land  surveys 
made  in  this  country  since  1785. 

Land  Claims. — It  will  be  remembered  that  certain  of  the 
thirteen  original  states  claimed  all  the  territory  westward 
without  limit.  Massachusetts,  for  instance,  claimed  the  land 
in  the  same  latitude  lying  west  of  New  York,  and  the  latter 
state  and  Virginia  also  claimed  it.  The  overlapping  of  such 
claims  was  the  cause  of  much  discussion  and  dispute  among 
all  the  states.  Maryland  would  not  sign  the  articles  of  con- 
federation until  it  was  agreed  that  the  unexplored  regions  to 
the  west,  about  which  there  was  dispute,  should  be  surren- 
dered to  the  general  government. 

The  Northwest  Territory. — This  territory  was  acquired  by 
Great  Britain  at  the  close  of  the  French  and  Indian  war,  and 
was  ceded  to  the  United  States  at  the  close  of  the  Revolution. 

9 


I0  WASHINGTON 

From  it,  there  have  been  erected  the  states  of  Ohio,  Indiana, 
Illinois,  Michigan,  and  Wisconsin.  By  the  "Ordinance  of 
1787,"  the  congress  of  the  United  States,  under  the  con- 
federation, provided  for  the  organization  of  a  territorial  gov- 
ernment for  this  section,  and  one  of  the  provisions  of  that 
document  was,  "Neither  slavery  nor  involuntary  servitude 
shall  ever  exist  in  this  territory,  except  in  punishment  for 
crime."  Our  present  system  of  land  surveys  was  first  used  in 
that  territory,  and  from  there  it  was  extended  to  other  terri- 
tories acquired  by  the  nation. 

Rectangular  Surveys. — In  the  Atlantic  coast  states,  there 
was  no  uniform  system  of  surveys,  and  land  in  that  section  has 
always  been  described  by  "metes  and  bounds."  This  is  a 
very  cumbersome  method  in  comparison  with  the  plan 
adopted  later.  The  honor  of  establishing  a  uniform  system 
of  surveys  for  the  public  domain  of  the  United  States  belongs 
to  Thomas  Jefferson  and  Albert  Gallatin.  This  plan,  known 
as  the  rectangular  system  of  land  surveys,  was  first  used  along 
the  Ohio  river,  in  1787.  The  plan  has  been  changed  some- 
what, but  only  in  minor  points. 

Meridians. — The  rectangular  system  of  surveys  is  based 
upon  lines  running  north  and  south,  and  others  running 
east  and  west.  Those  running  north  and  south  are  called 
principal  meridians,  and  the  east  and  west  lines  are  known 
as  base  lines.  Twenty-four  principal  meridians  have  been 
established  for  the  survey  of  the  lands  of  the  United 
States. 

How  Named. — There  are  six  meridians  designated  by 
number,  and  the  other  eighteen  are  named,  usually  from  some 
city  through  which  the  meridian  passes.  The  first  principal 
meridian  is  the  western  boundary  of  Ohio,  and  the  base  line 
crosses  the  state  towards  the  east,  about  one  fourth  of  the  way 


CUJNUKfcbbUJINAL  TUWJNSHiP  II 

south  of  the  northern  line  of  the  state.  The  second  principal 
meridian  begins  at  a  point  on  the  Ohio  and  extends  north 
through  the  middle  of  Indiana.  The  third  and  fourth  merid- 
ians are  in  Illinois,  one  beginning  at  the  mouth  of  the  Ohio 
river,  and  the  other  at  the  mouth  of  the  Illinois.  The  fifth 
principal  meridian  is  the  most  important  in  the  system  of  sur- 
veys, as  a  large  area  of  the  rich  agricultural  states  west  of  the 
Mississippi  is  surveyed  from  it.  Illinois  has  two  principal  me- 
ridians, but  Arkansas,  Missouri,  Iowa,  North  Dakota,  South 
Dakota,  and  parts  of  Minnesota  and  some  other  states  are 
surveyed  from  the  fifth  principal  meridian. 

Willamette  Meridian. — The  Willamette  meridian  is  the 
one  from  which  tin-  public  lands  of  Oregon  and  Washington 
ha vi-  Urn  surveyed.  It  is  located  in  longitude  122°  44'  west 
from  (inrnwich  and  enters  the  state  of  Washington  a  short 
distance  \ve>t  of  Vancouver,  Clarke  county.  The  base  line  is 
in  latitude  45°  30'  north,  which  is  that  of  Portland,  Oregon. 
All  of  Washington  is  north  of  the  base  line,  and  the  greater 
part  of  Oregon  is  south  of  it. 

Township  and  Ranges. — In  the  rectangular  system  of  sur- 
veys, lines  six  miles  apart  are  drawn  north  and  south  parallel 
to  the  principal  meridian,  dividing  the  land  into  strips  called 
ranges;  and  lines  six  miles  apart  are  drawn  east  and  west 
parallel  to  the  base  line,  dividing  the  ranges  into  squares  called 
townships.  The  townships  are  numbered  northward  or 
southward  from  the  base  line,  and  the  ranges  are  numbered 
eastward  or  westward  from  the  principal  meridian.  Land 
lying  just  north  of  the  base  line  and  just  west  of  the  principal 
meridian  is  in  township  one  north,  range  one  west  of  the  prin- 
cipal meridian.  Every  congressional  township  lying  directly 
east  or  west  of  the  one  mentioned  is  also  a  township  one 
north,  and  every  township  directly  north  of  it  is  in  range  one 


12 


WASHINGTON 


west.  The  civil  township  of  Blanchard  in  the  northeast 
corner  of  Spokane  county,  Washington,  is  in  township  twenty- 
nine  north,  range  forty-five  east  of  the  Willamette  meridian. 
The  pupil  should  become  so  familiar  with  the  rectangular 
system  of  surveys  that  he  can  locate,  by  numbers,  any  land  in 
the  county  in  which  he  lives. 

Congressional  Township. — The  congressional  township  is 
the  unit  in  making  the  original  surveys.  This  is  a  tract  of 
land  six  miles  square,  containing  thirty-six  square  miles,  or 
sections,  and  each  section  contains  six  hundred  and  forty 
acres.  Congressional  townships  are  always  designated  by 
numbers  and  never  by  name.  Civil  townships  often  corre- 
spond with  the  boundaries  of  congressional  townships,  but 
they  are  always  given  some  local  name.  Below  is  given  a 
diagram  of  a  congressional  township.  The  sections  of  every 
congressional  township,  according  to  the  plan  now  used,  are 
numbered  as  in  this  diagram,  beginning  in  the  northeast 
corner  of  the  township,  and  counting  alternately  to  the  west 
and  to  the  east : 


6 

5 

4 

3 

2 

i 

7 

8 

9 

10 

II 

12 

18 

i7 

16 

15 

14 

13 

i9 

20 

21 

22 

23 

24 

30 
3i 

29 

28 

27 

26 

25 

32 

33 

34 

35 

36 

THE  CONGRESSIONAL  TOWNSHIP 


Sections. — For  convenience  in  describing  parcels  of  land 
containing  less  than  a  section,  a  uniform  plan  for  the  division 
of  sections  has  been  devised.  The  following  diagram  shows 
how  this  division  is  made,  and  each  quarter  section  is  num- 
bered according  to  its  location: 


SECTION 


N.  W. 

N.  E. 

i 

1 

s.  w. 

S.  E. 

1 

i 

Subdivisions. — Each  regular  quarter  section  is  in  square 
form,  and  contains  one  hundred  and  sixty  acres,  when  prop- 
erly surveyed.  Owing  to  the  curvature  of  the  earth's  surface 
and  to  irregularity  of  surveys,  especially  in  the  case  of  rolling 
or  rough  lands,  the  surveys  are  found  to  vary  a  little  in  nearly 
fvrry  township.  In  subdividing  townships,  all  the  sections 
are  made  to  contain  as  exactly  as  possible  the  full  number  of 
acres,  except  those  quarter  sections  lying  along  the  west  and 
north  lines  of  the  township.  The  west  and  north  lines  of 
each  township  may  therefore  be  said  to  be  correction  lines 
for  local  surveys.  In  describing  small  parcels  of  land,  as, 
for  example,  the  east  one  half  (E.  J)  of  the  southeast  quarter 
(S.  E.  J)  of  any  section,  which  contains  eighty  acres,  the 
statement  generally  used  in  deeds  is,  "containing  eighty  acres, 
more  or  less,  according  to  the  United  States  government 
survey." 


WASHINGTON 


Below  is  given  a  diagram  of  a  quarter  section  of  land,  show- 
ing the  plan  of  subdivision: 

SOUTHEAST   QUARTER   OF   SECTION    1 6 


Number  i  is  the  northwest  quarter  of  the  southeast  quarter 
of  section  16,  and  contains  forty  acres. 

Number  2  is  the  west  one  half  of  the  northeast  quarter 
of  the  southeast  quarter  of  section  16,  and  contains  twenty 
acres. 

Number  3  is  the  north  one  half  of  the  southeast  quarter  of 
the  southeast  quarter  of  section  16,  and  contains  twenty 
acres. 

Number  4  is  the  northeast  quarter  of  the  southwest  quar- 
ter of  the  southeast  quarter  of  section  16,  and  contains  ten 
acres. 

Correction  Lines. — Owing  to  the  convergence  of  meridians 
in  passing  northward,  it  has  been  found  necessary  to  establish 
secondary  lines  parallel  with  the  base  line.  These  lines  are 
called  standard  parallels,  or  correction  lines,  and  there  are 
nine  of  them  in  the  state  of  Washington.  They  are  four 
townships,  or  twenty-four  miles,  apart.  Their  use  is  to 
correct  the  convergence  of  meridian  lines  running  north,  and 
they  are  practically  base  lines  for  the  survey  of  the  four  town- 


THE  CONGRESSIONAL  TOWNSHIP  15 

ships  lying  to  the  north  of  them.  These  lines  are  shown  on 
large  maps  of  the  state,  and  are  designated  by  numbers, 
beginning  at  the  south.  To  aid  in  the  survey  of  ranges  east 
of  the  Cascades,  the  Columbian  guide  meridian  is  established 
in  eastern  Washington.  It  forms  the  western  boundary  of 
Lincoln  county,  and  the  Colville  guide  meridian  forms  the 
eastern  boundary  of  that  county.  The  former  takes  its  name 
from  the  Columbia  river,  and  the  latter  from  Colville,  the 
county  seat  of  Stevens  county,  through  which  it  passes. 

Public  Domain. — The  public  domain  is  the  name  given  to 
the  land  owned  by  the  United  States.  Liberal  provision  has 
been  made  for  the  sale  or  gift  of  land  to  actual  settlers,  and 
extensive  grants  have  been  made  to  the  states  for  educational 
and  other  public  purposes.  From  the  very  beginning,  con- 
gress  granted  to  new  states  section  sixteen  of  each  unorganized 
township,  to  be  u>ed  as  the  basis  of  a  permanent  school  fund. 
Alter  1848,  section  thirty-six  was  added,  so  that  now  as  new 
townships  are  surveyed,  the  two  sections  named  are  set  apart, 
and  the  proceeds  from  their  sale  form  part  of  the  permanent 
school  fund  of  the  state.  State  authorities  are  given  the  con- 
trol of  this  fund,  which  is  increased  in  several  ways. 

Land  Grants. — Extensive  grants  of  land  from  the  public 
domain  have  been  made  to  railroad  corporations  to  aid  in  the 
construction  of  railroad  lines  through  undeveloped  portions 
•of  the  country.  Other  large  grants  have  also  been  given  to 
the  states  to  found  agricultural  colleges,  state  universities, 
and  for  the  construction  of  state  capitol  buildings.  Land  is 
sold  to  actual  settlers  at  a  dollar  and  a  quarter  an  acre  under 
certain  conditions.  When  the  land  lies  within  the  area  of  a 
railway  grant,  every  alternate  section  being  given  to  the  rail- 
road company,  the  price  to  settlers  is  usually  two  dollars  and 
a  half  an  acre. 


j6  WASHINGTON 

PATENTS  AND  DEEDS 

Patent. — The  following  is  an  exact  copy  of  a  government 
deed,  or  patent,  as  it  is  called : 

UNITED  STATES  PATENT 

The  United  States  of  America.  To  all  to  whom  these  presents  shall 
come,  Greeting. 

Homestead  Certificate  No.  5593.     Application  8537. 

Whereas,  there  has  been  deposited  in  the  general  land  office  of  the 
United  States  a  certificate  of  the  register  of  the  land  office  at  Spokane 
Falls,  Washington,  whereby  it  appears  that  pursuant  to  the  act  of 
congress  approved  2oth  May,  1862  "To  secure  homesteads  to  actual 
settlers  on  the  public  domain,"  and  the  acts  supplemental  thereto,  the 
claim  of  William  Wells  has  been  established  and  duly  consummated  in 
conformity  to  law,  for  the  north-east  quarter  of  section  eighteen  in  town- 
ship twenty-five  north,  range  forty-five  east  of  Willamette  meridian, 
in  Washington,  containing  one  hundred  and  sixty  acres,  according  to 
the  official  plat  of  the  survey  of  the  said  land,  returned  to  the  general 
land  office  by  the  surveyor  general.  Now  know  ye,  That  there  is,  there- 
fore, granted  by  the  United  States  unto  the  said  William  Wells,  the  tract 
of  land  above  described;  To  have  and  to  hold  the  said  tract  of  land, 
with  the  appurtenances  thereof,  unto  the  said  William  Wells,  and  to  his 
heirs  and  assigns  forever,  subject  to  any  vested  and  accrued  water  rights 
for  mining,  agricultural,  manufacturing,  or  other  purposes,  and  right  to 
ditches  and  reservoirs  used  in  connection  with  such  water  rights,  as  may 
be  recognized  and  acknowledged  by  the  local  customs,  laws  and  decisions 
of  courts,  and  also  subject  to  the  right  of  the  proprietor  of  a  vein  or  lode 
to  extract  and  remove  his  ore  therefrom,  should  the  same  be  found  to ' 
penetrate  or  intersect  the  premises  hereby  granted,  as  provided  by 
law.  And  there  is  reserved  from  lands  hereby  granted,  a  right  of  way 
thereon  for  ditches  or  canals  constructed  by  the  authority  of  the  United 
States. 

In  testimony  whereof,  I,  William  McKinley,  President  of  the  United 
States  of  America,  have  caused  these  letters  to  be  made  patent,  and  the 
seal  of  the  general  land  office  to  be  hereunto  affixed. 

Given  under  my  hand  at  the  city  of  Washington,  the  tenth  day  of 


THE  CONGRESSIONAL  TOWNSHIP  17 

September,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
ninety-eight,  and  of  the  independence  of  the  United  States  the  one  hun- 
dred and  twenty-third. 

By  the  President,  WILLIAM  McKINLEY, 
(General  Land  Office,  By  F.  M.  McKzAN,  Secretary. 

Seal) 
Recorded  Vol.  77,  C.   H.   BRUSCH, 

page  486.  Recorder  of  the  General  Land  Office. 

Kilrd  Oct.  31,  1898,  at  10.45  a-  m- 

Kt  rorded  Nov.  17,  1898,  in  book  94  of  deeds,  page  41. 

Warranty  Deed. — The  following  is  an  exact  copy  of  a 
warranty  deed  to  the  land  covered  by  the  patent  given  on 
the  preceding  page.  When  the  person  named  in  this  deed  as 
owner  sells  the  land,  he  will  give  a  similar  deed  to  the  pur- 
chaser. A  record  of  all  deeds,  mortgages,  and  other  instru- 
ments uflYrting  the  title  to  land,  with  few  exceptions,  is  made 
in  the  office  of  the  county  auditor. 

WARRANTY  DEED 

THIS  INDENTURE,  Made  this  2oth  day  of  October,  A.  D.  1898, 
between  William  Wells  and  Liuy  K.  Wrlls,  his  wife-,  parties  of  the  first 
part,  and  Waldo  G.  Paine,  party  of  the  second  part, 

\\  ITNESSETH,  That  the  said  parties  of  the  first  part  for  and  in 
consideration  of  the  sum  of  one  and  no/ioo  dollars,  to  them  in  hand 
paid  by  the  said  party  of  the  second  part,  the  receipt  whereof  is  hereby 
acknowledged,  do  hereby  grant,  bargain,  sell  and  convey  unto  the  said 
party  of  the  second  part,  his  heirs  and  assigns  forever,  all  that  tract  or 
parcel  of  land,  lying  and  being  in  the  County  of  Spokane  and  State  of 
Washington  and  described  as  follows,  to-wit: — 

Northeast  Quarter  (NE  J)  of  Section  Eighteen  (18),  Township 
Twenty-five  (25)  North  Range  Forty-five  (45)  E.  W.  M.  All  in  Spokane 
County,  Washington. 

TO  HAVE  AND  TO  HOLD  THE  SAME,  Together  with  all 
the  hereditaments  and  appurtenances  thereunto  belonging  or  in  anywise 
Washington — 2 


1 8  WASHINGTON 

appertaining  to  the  said  party  of  the  second  part,  his  heirs  and  assigns, 
forever.  And  the  said  William  Wells  and  Lucy  E.  Wells,  his  wife, 
parties  of  the  first  part,  for  their  heirs,  executors  and  administrators, 
do  covenant,  with  the  said  party  of  the  second  part,  his  heirs  and  assigns, 
that  they  are  well  seized  in  fee  of  the  lands  and  premises  aforesaid, 
and  have  good  right  to  sell  and  convey  the  same  in  manner  and  form 

aforesaid;  that  the  same  are  free  from  all  incumbrances: 

and  the  above  bargained  and  granted  lands  and  premises,  in  the  quiet 
and  peaceable  possession  of  the  said  party  of  the  second  part,  his  heirs 
and  assigns,  against  all  persons  lawfully  claiming,  or  to  claim,  the  whole 
or  any  part  thereof,  the  said  parties  of  the  first  part  will  warrant  and 
defend. 

IN  TESTIMONY  WHEREOF,  The  said  parties  of  the  first  part 
have  hereunto  set  their  hands  and  seals  the  day  and  year  first  abov« 
written. 

Signed,  sealed  and  delivered  WILLIAM  WELLS,  (Seal) 

in  presence  of  LUCY  E.  WELLS,  (Seal) 

S.  J.  Wells, 

Dan  L.  Weaver 

THE  STATE  OF  WASHINGTON,  COUNTY  OF  SPOKANE,  ss. 

I,  Dan  L.  Weaver,  a  Notary  Public  in  and  for  said  County  and  State, 
do  hereby  certify  that  on  this  2Qth  day  of  October,  A.  D.  1898,  person- 
ally appeared  before  me  William  Wells  and  Lucy  E.  Wells  to  me 
known  to  be  the  individuals  described  in  and  who  executed  the  within 
instrument,  and  acknowledged  that  they  signed  and  sealed  the  same  as 
their  free  and  voluntary  act  and  deed,  for  the  uses  and  purposes  therein 
mentioned. 

Witness  my  hand  and  official  seal,  the  day  and  year  in  this  certificate 
first  above  written 

DAN  L.  WEAVER, 

Notary  Public. 
(Notary  Public  Seal)  Residing  at  Spokane,  Washington. 

Filed  Oct.  31,  1898,  a  10.50  a.  m. 

Recorded  Nov.  n,  1898,  in  book  91  of  deeds,  page  413. 


CHAPTER  II 
THE  CIVIL  TOWNSHIP 

Civil  Townships. — The  civil  township,  where  it  has  been 
adopted,  is  the  unit,  or  basis,  of  local  government.  As  a  rule, 
in  most  of  the  states,  every  county  is  divided  into  several  civil 
townships,  and  each  township  is  named.  Township  names 
were  usually  given  by  the  early  settlers,  often  in  honor  of  some 
prominent  member  of  the  first  company  of  pioneers  that  en- 
tered the  township.  Indian  names  arc  also  used  frequently 
for  this  purpose.  The  boundaries  of  a  civil  township  may  be 
the  same  as  those  of  a  congressional  township,  but  very  often  a 
civil  township  is  formed  from  parts  of  two  or  more  congres- 
sional townships.  No  confusion  can  arise  on  this  account, 
because  the  congressional  township  has  none  of  the  functions 
of  local  government. 

Organization. — In  the  organization  of  counties  into  town- 
ships under  the  present  law  in  Washington,  a  petition  signed 
by  one  hundred,  or  more,  qualified  electors  of  the  county  is 
presented  to  the  board  of  county  commissioners,  asking  for 
separate  township  organization.  The  board  submits  the 
matter  to  the  qualified  voters  of  the  county  at  the  next  general 
election,  and  if  a  majority  of  votes  cast  at  such  election  are  in 
favor  of  the  township  plan,  the  board  proceeds  to  divide  the 
county  into  townships.  This  division  does  not  affect  cities, 
incorporated  towns,  and  villages,  nor  does  it  apply  to  unsur- 
veyed  portions  of  the  county.  There  must  be  at  least  twenty- 

19 


2o  WASHINGTON 

five  qualified  voters  in  each  township  at  the  time  of  the  organ- 
ization. The  board  names  the  townships,  and  it  is  so 
arranged  that  no  two  townships  in  the  state  can  have  the 
same  name. 

Spokane  county  is  (1910)  the  only  one  in  Washington  that 
has  adopted  the  civil  township  system. 

Town  Meeting. — The  old-fashioned  "town  meeting"  of 
New  England  was  the  beginning  of  local  self-government  in 
the  United  States.  There,  the  people  met  to  discuss  matters 
of  general  interest,  and  to  decide  upon  measures  to  be  adopted 
for  the  common  good.  A  large  number  of  the  states  have 
made  provisions  for  the  township  meeting,  where  the  people 
decide  for  themselves  who  shall  serve  them  as  officers  for  the 
following  term.  Matters  of  general  interest  for  the  welfare  of 
the  town  are  also  discussed.  The  regular  township  meetings 
in  the  state  of  Washington  are  held  annually  on  the  second 
Tuesday  of  March.  Special  meetings  may  be  called  whenever 
the  best  interests  of  the  town  require. 

Officers. — The  township  meeting  is  authorized  by  law  to 
elect  three  supervisors,  one  of  whom  is  designated  on  the 
ballot  as  chairman,  a  clerk,  treasurer,  assessor,  and  one  over- 
seer of  highways  for  each  road  district.  The  term  of  these 
officers  is  one  year.  At  the  township  meeting  every  second 
year  a  justice  of  the  peace  and  a  constable  are  chosen  for  a 
term  of  two  years.  Some  voting  precincts  are  permitted  to 
choose  two  justices  of  the  peace  and  two  constables.  A 
vacancy  in  the  office  of  justice  of  the  peace  or  constable  may 
be  filled  by  the  electors  at  a  township  meeting,  for  one  year. 

Township  Supervisors. — The  township  supervisors  have 
many  important  duties  to  perform.  They  have  general  charge 
of  such  affairs  of  the  township  as  have  not  been  delegated  to 
other  officers.  They  draw  warrants  on  the  treasurer  to  defray 


THE  CIVIL  TOWNSHIP  21 

the  expenses  of  township  government,  act  as  fence  viewers, 
have  charge  of  highways  and  bridges,  constitute  the  local 
board  of  health,  and  audit  accounts  against  the  township. 
They  prosecute  officers  on  their  official  bond,  in  the  name  of 
the  township,  for  nonperformance  of  duties,  and  also  collect 
forfeitures  and  penalties  accruing  to  the  township. 

Township  Clerk. — The  township  clerk  acts  as  secretary  of 
the  township  board  of  supervisors,  and  he  is  required  to  keep 
a  true  record  of  all  their  proceedings  in  his  office.  He  reports 
to  the  county  auditor,  after  each  annual  meeting,  the  amount 
of  taxes  to  be  levied  for  the  benefit  of  the  town,  as  voted  by  the 
electors  at  the  township  meeting.  He  is  authorized  to  admin- 
ister oaths  and  take  acknowledgments  to  instruments  in  a 
manner  prescribed  by  law.  He  is  required  to  give  a  bond 
signed  by  two  or  more  sureties,  in  such  amount  as  the  super- 
visors may  require,  conditioned  upon  the  faithful  performance 
of  his  duties. 

Township  Treasurer. — The  township  treasurer  collects  all 
money  belonging  to  the  township,  and  pays  out  the  same  on 
warrants  drawn  upon  him  by  the  proper  officers.  He  is 
re-quired  to  keep  an  accurate  account  of  all  money  handled  by 
him,  and  to  turn  over  to  his  successor  in  office  any  balance  in 
his  possession  at  the  close  of  his  term  of  office,  together  with 
all  books,  records,  and  other  property  held  by  him  by  virtue 
of  his  office.  He  is  entitled  to  charge  two  per  cent,  for  collect- 
ing and  disbursing  the  funds  of  the  township,  provided  his 
compensation  shall  not  amount  to  more  than  one  hundred 
dollars  a  year.  He  is  required  to  give  a  bond  in  twice  the 
amount  that  is  likely  to  come  to  him  by  virtue  of  his  office. 

Assessor. — The  township  assessor  is  required  to  make  a 
list  of  all  property  owned  in  the  township,  both  personal  and 
real,  and  to  fix  its  value  for  the  purpose  of  taxation.  The 


22  WASHINGTON 

necessary  books  and  blanks  for  the  use  of  the  township 
assessor  are  furnished  by  the  county  assessor,  and  all  such 
blanks  used  are  uniform.  In  counties  not  organized  into 
townships,  the  work  of  assessment  is  done  by  the  county  as- 
sessor and  his  deputies.  As  this  is  the  plan  generally  fol- 
lowed in  Washington,  a  fuller  discussion  of  the  subject  is 
given  in  Chapter  VI.,  pages  50-53. 

Review.— To  insure  accuracy  and  fairness  of  assessment 
of  property  for  all  persons  in  the  township,  the  supervisors 
of  each  township  are  required  to  meet  at  the  office  of  the  town 
clerk  on  the  second  Monday  in  May  of  each  year.  When 
acting  for  this  purpose,  they  are  called  the  board  of  review. 
It  is  their  duty  to  examine  the  books  of  the  assessor,  to  see 
that  all  property  in  the  township  has  been  properly  listed,  and 
that  the  assessor  has  fixed  the  true  and  full  value  of  such 
property  for  taxable  purposes.  They  are  permitted  to  raise 
or  lower  the  assessed  value  of  any  piece  of  property,  the  pur- 
pose being  to  secure  uniformity  of  assessment  as  between 
individuals  in  the  township.  If  the  assessment  of  the  property 
of  any  person  is  to  be  raised,  such  person  must  be  notified  of 
the  proposed  change,  and  be  permitted  to  appear  before  the 
board  for  a  hearing,  if  he  so  desires.  Any  person  aggrieved 
by  a  decision  of  the  township  board  of  review  may  present 
the  matter  to  the  county  board  of  equalization  for  settlement. 

Overseers  of  Highways. — The  overseers  of  highways  per- 
form duties  similar  to  those  of  road  supervisors  in  counties 
not  organized  into  townships,  as  described  in  Chapter  VI., 
pages  48,  49. 


CHAPTER  m 
THE  JUSTICE'S  COURT 

Justice  of  the  Peace. — Each  civil  township,  as  we  have 
seen,  has  a  justice  of  the  peace  and  a  constable.  In  counties 
that  are  not  divided  into  civil  townships,  each  voting  precinct 
chooses  one  justice  of  the  peace  and  one  constable,  except 
cities  having  more  than  five  thousand  population.  Such 
cities  may  elect  one  additional  justice  of  the  peace  and  one 
constable.  Cities  of  the  first  class  elect  two  justices  of  the 
peace  and  two  constables.  The  salary  of  justices  of  the  peace 
is  twelve  hundred  dollars  a  year  in  the  larger  cities;  elsewhere 
they  are  allowed  fees  for  the  work  done.  Each  justice  of  the 
peace  is  required  to  give  a  bond  of  not  less  than  five  hundred 
nor  more  than  a  thousand  dollars  as  determined  by  the  board 
of  supervisors,  or  the  county  commissioners. 

Jurisdiction. — The  jurisdiction  of  justices  of  the  peace, 
when  not  specially  restricted  by  law,  is  coextensive  with  the 
county  in  which  they  reside.  Each  justice  keeps  a  record 
book,  or  docket,  as  it  is  called,  in  which  he  records  all  official 
acts  done  by  him.  The  principal  duty  of  justices  of  the 
peace  is  to  hold  court  for  the  trial  of  certain  kinds  of  offenses, 
and  for  the  settlement  of  disputes  or  the  collection  of  small 
sums  of  money  by  process  of  law. 

Lawsuits. — Suits  at  law  are  of  two  general  kinds,  civil 
and  criminal.  A  civil  suit  is  one  for  the  enforcement  of  right 
or  the  prevention  of  wrongdoing.  A  criminal  suit  is  brought 
in  the  name  of  the  state  for  the  purpose  of  punishing  an 

?3 


24  WASHINGTON 

offender  against  the  criminal  law  of  the  state.  Crimes  are  of 
two  classes,  felonies  and  misdemeanors.  A  felony  is  a  crime 
that  may  be  punished  by  imprisonment  in  the  penitentiary, 
by  heavy  fine,  or  by  death.  A  misdemeanor  is  a  minor  crime, 
and  is  punished  by  light  fine,  or  by  imprisonment  in  the 
county  jail.  Murder,  manslaughter,  burglary,  arson,  grand 
larceny,  and  several  other  crimes  are  felonies.  Petit  larceny, 
assault  and  battery,  drunkenness,  the  refusal  of  an  officer  to 
do  his  duty,  and  other  light  offenses  are  misdemeanors.  The 
person  who  begins  the  suit  is  called  the  plaintiff,  and  the 
person  sued,  the  defendant. 

Notice  of  Suit. — Some  suits  in  justice  courts  may  be  com- 
menced by  the  voluntary  appearance  in  court  of  both  parties 
to  the  suit.  In  many  cases,  a  written  notice  from  the  justice 
of  the  peace  to  the  defendant  is  necessary.  Such  a  notice 
must  contain  the  name  of  the  defendant,  or  a  description  of 
him,  if  his  name  is  unknown,  the  nature  of  the  claim,  the 
amount  claimed  by  the  plaintiff,  and  the  time  set  for  trial. 
The  notice  is  then  given  to  the  sheriff,  or  to  any  constable  of 
the  county,  to  be  served  upon  the  defendant.  The  defendant 
must  have  at  least  five  days'  notice  of  the  time  of  trial,  which 
date  must  be  not  less  than  six  nor  more  than  twenty  days  from 
the  time  the  action  is  begun.  The  defendant  in  any  civil 
suit  may  put  a  stop  to  the  suit  at  any  time,  by  paying  the 
amount  of  the  claim  with  the  costs  that  have  accrued. 

Change  of  Venue. — Before  the  trial  commences,  the  court 
may,  on  motion,  change  the  place  of  hearing  to  some  other 
judge  or  justice  having  jurisdiction.  This  is  called  a  change 
of  venue,  and  it  may  be  demanded  by  filing  an  affidavit,  or 
written  statement  under  oath, 

i.  That  the  county  designated  in  the  complaint  is  not  the 
proper  county;  or 


THE  JUSTICE'S  COURT  25 

2.  That  there  is  reason  to  believe  that  an  impartial  jury 
cannot  be  had  therein;  or 

3.  That  the  convenience  of  witnesses  or  the  ends  of  justice 
would  be  forwarded  by  the  change;  or 

4.  That  the  judge  (or  justice)  is  disqualified  because  he  is 
an  interested  party  to  the  suit,  that  he  is  a  near  relative  of 
either  party,  or  that  he  has  acted  as  counsel  for  one  or  the 
other  of  the  parties  to  the  suit. 

Jurisdiction. — A  suit  for  the  collection  of  a  promissory 
note  or  the  recovery  of  goods,  chattels,  or  money  may  be 
commenced  in  a  justice's  court,  provided  the  amount  of  the 
note,  or  the  value  of  the  other  property  claimed,  is  less  than 
one  hundred  dollars.  The  jurisdiction  of  justices  of  the  peace, 
in  criminal  cases,  extends  only  to  the  trial  and  punishment  of 
persons  accused  of  misdemeanors,  but  in  no  case  can  the 
punishment  inflicted  by  them  exceed  a  fine  of  one  hundred 
dollars,  or  imprisonment  in  the  county  jail  for  a  longer  period 
than  thirty-three  days.  Any  person  convicted  of  a  crime  in 
any  justice's  court  may  appeal  to  the  superior  court  within  ten 
days  following  such  conviction. 

Procedure. — The  mode  of  procedure  is  much  the  same  in 
both  civil  and  criminal  cases.  In  any  criminal  action,  the 
accused  may,  before  any  testimony  has  been  taken,  demand 
a  trial  by  jury.  If  he  is  convicted,  the  justice  renders  the 
judgment  of  fine  or  imprisonment  or  both  as  the  case  may 
require. 

Other  Powers. — Besides  performing  the  duties  above  men- 
tioned, a  justice  of  the  peace  may  take  acknowledgments  of 
deeds,  mortgages,  and  other  legal  papers,  solemnize  marriage 
ceremonies,  and  bind  over  disorderly  persons  to  keep  the 
peace. 

If  a  person  charged  with  having  committed  a  felony  is  ex- 


26  WASHINGTON 

amined  before  a  justice  of  the  peace,  and  the  evidence  seems 
to  show  the  accused  to  be  guilty,  the  justice  cannot  decide  the 
case  and  affix  the  penalty.  It  is  his  duty  to  bind  the  prisoner 
over  to  appear  for  trial  at  the  next  session  of  the  superior 
court.  When  a  person  is  bound  over  to  appear  before  a  higher 
court  for  trial,  he  gives  a  bond  signed  by  responsible  parties  in 
which  it  is  agreed  that,  if  the  accused  does  not  appear  for  trial 
at  the  proper  time,  the  amount  of  money  named  in  the  bond 
will  be  paid  over  to  the  proper  officers  for  the  benefit  of  the 
school  fund  of  the  county.  Persons  who  cannot  furnish 
bonds,  in  such  cases,  are  sent  to  the  county  jail  to  await  trial. 

Constable. — The  constable  is  the  police  officer  of  the  town- 
ship and  the  proper  executive  officer  of  the  justice's  court,  but 
any  of  the  duties  required  of  him  may  be  performed  by  the 
sheriff  of  the  county.  The  salary  of  a  constable  in  the  larger 
cities  is  seven  hundred  and  twenty  dollars  a  year,  and  in  cer- 
tain cases  he  is  allowed  fees  in  addition  to  his  salary.  In 
small  precincts,  he  is  paid  fees  for  the  work  done,  and  receives 
no  regular  salary. 

Duties. — It  is  the  duty  of  the  constable  to  serve  all  warrants, 
notices,  and  other  legal  papers,  when  lawfully  directed  to  do 
so  by  the  supervisors  or  clerk  of  the  township,  or  by  any  court, 
and  to  perform  certain  other  duties  as  required  by  law.  He 
is  forbidden  to  act  as  attorney  for  any  party,  or  to  purchase 
any  property  offered  for  sale  by  him  upon  execution  or  other 
legal  process.  Constables,  although  elected  by  the  voters  of 
their  respective  townships,  may  be  called  upon  to  perform 
their  official  duties  in  any  part  of  the  county.  Hence  they 
may,  in  a  special  sense,  be  considered  county  officers.  The 
bond  of  a  constable  is  fixed  by  the  township  supervisors,  or 
the  county  commissioners, 


CHAPTER  IV 
TOWN  AND  CITY  GOVERNMENT 

Cities  Classified. — The  term  town  government  is  often  used 
in  a  broad  sense,  so  as  to  include  cities  as  well  as  incorporated 
towns.  The  government  of  cities  and  towns  is  also  often 
calk-d  municipal  government.  In  Washington,  cities  which 
have  a  population  of  more  than  twenty  thousand  are  of  the 
first  class;  those  which  have  not  less  than  ten  thousand  nor 
more  than  twenty  thousand  are  of  the  second  class;  and  those 
which  have  not  less  than  fifteen  hundred  nor  more  than  ten 
thousand  population  are  cities  of  the  third  class.  Municipal 
governments  of  less  than  fifteen  hundred  inhabitants  are 
called  incorporated  towns,  or  cities  of  the  fourth  class.  Each 
city  or  town  contains  as  much  territory  as  the  inhabitants 
think  necessary,  and  additions  are  frequently  made  to  the 
original  plats.  This  territory  is  divided  into  blocks,  which 
arc  divided  into  lots  for  convenience  of  ownership.  For 
governmental  purposes,  cities  are  divided  into  wards,  and 
each  ward  chooses  its  own  members  of  the  city  council. 
Every  city  and  town  is  a  municipal  corporation,  and  as  such 
it  may  sue  or  be  sued,  hold  property  as  an  individual,  and 
perform  such  duties  for  the  common  good  as  may  be  sanc- 
tioned by  law. 

First  Class. — Cities  of  the  first  class  are  authorized  by  the 
state  constitution  to  draft  charters  for  their  own  government. 
Such  charters  are  regulated  by  general  laws  that  apply  to  all 

27 


2g  WASHINGTON 

such  cities,  but  each  charter  provides  special  details  of  the 
government  of  the  city  by  which  it  is  adopted.  The  law  pro- 
vides for  a  committee  to  draft  a  charter  for  the  city,  and 
when  this  has  been  done,  the  charter  is  submitted  to  the 
qualified  electors  for  adoption  or  rejection. 

Officers.— As  each  city  of  the  first  class  decides  for  itself 
how  it  shall  be  governed,  when  it  adopts  its  charter,  it  will  be 
seen  that  there  may  be  no  uniformity  in  the  list  of  officers 
chosen.  Following  custom,  cities  may  provide  for  a  mayor, 
council,  clerk,  treasurer,  assessor,  board  of  public  works, 
police  judge  (justice  of  -the  peace  may  act),  and  several 
others.  The  commission  plan  of  government  has  been 
adopted  by  a  number  of  cities  in  other  states,  and  some  of 
the  cities  of  Washington  also  have  recently  voted  to  adopt 
it  (page  32).  By  this  plan,  a  commission  of  three  or  five 
persons,  properly  elected  from  the  city  at  large,  takes  the 
place  and  performs  the  duties  of  the  mayor  and  council. 

Cities  of  Second  Class. — The  legislature  has  passed  laws 
for  the  government  of  cities  below  the  first  class. 

Officers. — The  officers  of  the  cities  of  the  second  class  in 
this  state  are  a  mayor,  twelve  councilmen,  a  street  commis- 
sioner, clerk,  treasurer,  police  judge,  city  attorney,  chief  of 
police,  and  five  library  trustees  whenever  a  free  public 
library  is  maintained.  The  council  may  also  by  ordinance 
provide  for  the  election  or  appointment  of  a  superintendent 
of  irrigation,  city  engineer,  pound  master,  city  jailer,  and 
such  other  officers  as  may  be  necessary. 

Election. — The  mayor,  members  of  the  city  council, 
treasurer,  and  clerk  are  elected  by  the  people  for  a  term  of 
two  years.  The  term  of  the  other  officers  is  one  year.  The 
other  officers  named  above  are  appointed  by  the  mayor,  sub- 
ject to  approval  or  rejection  by  the  council.  No  person  is 


TOWN  AND  CITY  GOVERNMENT  29 

eligible  to  hold  any  office  in  a  city  of  the  second  class  who  is 
not  a  resident  elector  at  the  time  of  his  election  or  appoint- 
ment, and  he  must  have  been  a  resident  of  the  state  of  Wash- 
ington for  the  preceding  year.  Councilmen  must  also  be 
residents  of  the  wards  they  are  chosen  to  represent.  General 
municipal  elections  are  held  on  the  Tuesday  next  after  the 
first  Monday  in  April  of  each  year,  and  the  term  of  office  be- 
gins on  the  first  Monday  in  May  following  the  election.  Six 
members  of  the  council  are  chosen  each  year. 

Oath  and  Bond. — Every  civil  officer  in  this  state  is  required 
to  take  an  oath  of  office,  before  beginning  the  discharge  of 
his  duties.  This,  of  course,  applies  to  all  city  officers.  The 
clerk,  treasurer,  city  attorney,  chief  of  police,  police  judge, 
and  street  commissioner  are  required  to  give  bonds  in  such 
amounts  as  the  city  council  may  require.  All  bonds  required 
of  officers  are  conditioned  upon  the  faithful  performance  of 
duty. 

Salaries. — The  salaries  of  city  officers  are  fixed  by  ordi- 
nance passed  by  the  council.  The  salary  of  the  mayor  cannot 
be  more  than  five  hundred  dollars  a  year,  and  the  salary  of 
each  member  of  the  council  cannot  be  in  excess  of  three 
hundred  dollars  a  year.  The  salary  of  the  city  clerk  cannot 
be  more  than  one  hundred  and  fifty  dollars  a  month,  and  that 
of  the  chief  of  police,  treasurer,  and  attorney  cannot  exceed 
fifteen  hundred  dollars  a  year.  All  salaries  are  payable 
monthly.  Library  trustees  serve  without  pay. 

Recall. — Whenever  the  services  of  any  councilman  are 
unsatisfactory  to  the  people  of  his  ward,  they  may  demand 
his  recall  in  the  following  manner.  A  petition  signed  by  three 
fifths  of  all  the  voters  of  the  ward  is  presented  to  the  city 
council  asking  for  the  recall  of  the  councilman.  It  is  then  the 
duty  of  the  council  to  call  a  special  election  in  that  ward. 


3o  WASHINGTON 

The  councilman  may  be  reflected,  but  failing  in  that,  he  must 
give  up  the  office  to  the  successful  candidate. 

Mayor. — The  mayor  is  the  chief  executive  officer  of  the 
city.  He  presides  at  the  meetings  of  the  council,  but  he  has 
no  vote  upon  any  question,  except  in  case  of  a  tie.  The  mayor 
may  veto  any  ordinance  passed  by  the  council  within  eight 
days  from  the  date  it  is  submitted  to  him,  but,  by  a  two- 
thirds  vote  of  the  entire  membership,  the  council  may  pass 
the  ordinance  over  the  veto.  With  the  consent  of  the  council, 
the  mayor  appoints  the  policemen  and  all  subordinate  officers 
of  the  city.  He  countersigns  all  warrants  for  the  payment  of 
money  from  the  city  treasury,  and  all  deeds,  leases,  and  con- 
tracts to  which  the  city  is  a  party  in  interest.  The  city  council 
elects  a  president  of  the  council  to  act  as  chairman  in  the 
absence  of  the  mayor.  He  may,  or  may  not,  be  a  member  of 
the  council. 

Council. — The  council  passes  ordinances  and  adopts 
resolutions  for  the  government  of  the  city.  An  ordinance  is 
in  the  nature  of  a  law  passed  by  the  city  council.  It  applies 
only  to  the  city  in  which  it  is  passed.  The  council  not  only 
passes  certain  laws  for  the  government  of  the  city,  but  it  sees 
to  the  enforcement  of  laws  relating  to  the  general  welfare  of 
the  people.  Before  any  ordinance  can  be  put  into  effect,  it 
must  be  published  in  the  official  paper  of  the  city.  In  this 
way,  the  people  are  informed  of  the  action  of  the  council. 

Clerk. — The  city  clerk  keeps  the  record  of  all  business 
transacted  by  the  council,  and  signs  all  warrants,  licenses, 
deeds,  and  other  legal  documents  for  the  city.  He  also  keeps 
an  accurate  account  of  the  receipts  and  expenditures  of  the 
city.  He  is  the  custodian  of  the  corporate  seal,  and  of  all 
documents  and  records  belonging  to  the  city. 

Treasurer. — The  treasurer  is  the  custodian  of  the  funds  of 


TOWN  AND  CITY  GOVERNMENT  31 

the  city.  He  receives  all  moneys  belonging  to  the  city  from 
all  sources,  keeps  an  accurate  account  of  the  same,  and  pays 
all  warrants  properly  drawn  upon  him  by  the  city  clerk  or  any 
other  officer  authorized  by  law.  He  makes  a  monthly  report 
to  the  council  showing  the  condition  of  the  treasury. 

Other  Officers. — The  duties  of  the  other  officers  of  the  city 
are  such  as  are  indicated  by  their  titles.  In  addition  to  the 
officers  named  above,  a  recent  law  provides  that  the  city 
council  shall  appoint  a  health  officer,  prescribe  his  duties, 
and  fix  his  compensation.  The  city  attorney  acts  as  counsel 
for  the  city  in  any  suit  at  law.  The  police  judge  acts  in  the 
capacity  of  a  justice  of  the  peace,  with  the  added  responsibility 
of  punishing  violations  of  ordinances  of  the  city. 

Cities  of  Third  Class. — The  provisions  for  the  government 
of  cities  of  the  third  class  do  not  differ  materially  from  those 
that  apply  to  cities  of  the  second  class.  The  officers  of  such 
cities  arc  the  mayor,  a  city  council  of  seven  members,  one 
councilman  at  large,  clerk,  treasurer,  city  attorney,  and  such 
subordinate  officers  as  may  be  appointed  by  the  mayor  in 
compliance  with  ordinances  of  the  city.  All  of  the  officers 
named  above  are  elected  by  the  qualified  voters  of  the  city 
for  a  term  of  one  year,  except  the  councilmen,  who  are  chosen 
for  two  years,  three  being  elected  one  year  and  four  the  next. 

General  Provisions. — The  council  performs  its  duties  in 
accordance  with  law,  and  all  cities  of  this  class  are  governed 
in  the  same  general  manner.  Some  cities  require  more  sub- 
ordinate officers  than  others.  Salaries  of  all  officers  are  fixed 
by  the  council,  but  the  law  fixes  a  limit  of  salary  for  each 
officer,  and  beyond  this  limit  the  council  cannot  go.  The 
mayor  is  given  the  veto  power,  but  the  council  may  pass  an 
ordinance  over  the  veto,  by  a  two- thirds  vote  of  all  the  mem- 
bers. The  office  of  police  judge  is  generally  filled  by  a  justice 


32  WASHINGTON 

of  the  peace.  The  mayor  and  members  of  the  council  receive 
no  pay,  except  while  serving  as  a  board  of  equalization.  The 
election  of  officers  in  cities  of  the  third  and  fourth  classes 
occurs  on  the  Tuesday  next  after  the  first  Monday  in  De- 
cember of  each  year,  and  the  officers  begin  the  discharge  of 
their  duties  on  the  second  Tuesday  in  January  following. 

Towns. — Incorporated  towns  include  all  municipal  corpo- 
rations that  have  more  than  three  hundred  and  less  than 
fifteen  hundred  inhabitants.  Such  corporations  are  often 
called  cities  of  the  fourth  class.  The  officers  of  such  towns 
are  a  mayor,  a  council  consisting  of  five  members,  clerk, 
treasurer,  health  officer,  attorney>  marshal,  and  a  police 
judge  who  may  also  be  a  justice  of  the  peace.  The  mayor 
and  council  are  elected  for  terms  of  two  years,  two  members 
of  the  council  being  chosen  one  year,  and  three  the  next. 
The  city  treasurer  is  elected  annually.  All  other  officers 
are  appointed  by  the  mayor  and  hold  office  during  his 
pleasure.  The  mayor  and  councilmen  receive  no  com- 
pensation. Other  officers  are  paid  the  salaries  fixed  by  the 
council.  Meetings  of  the  council  are  held  at  least  once  a 
month. 

Commission  Form. — Cities  of  the  second  class  are  now 
permitted  to  adopt  the  commission  form  of  government, 
electing  a  mayor  and  two  commissioners  instead  of  a  mayor 
and  council.  Several  cities  have  recently  adopted  this  plan 
under  the  new  law,  and  Tacoma  and  Spokane,  cities  of  the 
first  class,  are  now  governed  by  commissioners  as  provided 
for  in  their  new  charters,  recently  adopted. 


CHAPTER  V 
THE  PUBLIC  SCHOOLS 

School  System. — The  people  of  the  state  of  Washington 
arc  justly  proud  of  their  excellent  system  of  public  schools. 
The  proceeds  of  the  sale  of  lands  granted  to  the  state  for  the 
benefit  of  the  permanent  school  fund,  together  with  some 
other  sums  accruing  to  that  fund,  now  amount  to  fully  nine 
million  dollars.  This  large  sum  will  be  increased,  in  years 
to  come,  by  the  sale  of  the  remaining  school  lands.  The 
permanent  school  fund  is  invested  in  such  a  way  as  to  be 
absolutely  secure  from  loss,  and  the  income  from  it  is  dis- 
tributed quarterly  to  the  several  school  districts  of  the  state, 
according  to  the  school  attendance  in  each.  Tuition  is  free 
to  all  residents  of  the  state  between  the  ages  of  six  and  twenty- 
one  years.  In  addition  to  the  system  of  common  schools, 
the  state  maintains  three  normal  schools,  the  state  university, 
the  state  college,  and  suitable  schools  for  the  training  of  de- 
fective children.  The  total  value  of  public  school  property 
in  the  state  is  more  than  fourteen  million  dollars,  and  the 
amount  expended  for  the  support  of  the  public  schools  for 
the  fiscal  year  ending  June  30,  1909,  was  more  than  seven 
million  dollars. 

General  Provisions. — The  law  provides  that  all  common 
schools  shall  be  taught  in  the  English  language,  and,  in 
addition  to  teaching  the  common  branches,  instruction  is 
given  in  ethics,  the  laws  of  health,  and  other  matters  designed 

Washington — 3  33 


34 


WASHINGTON 


to  benefit  the  pupils  generally.  The  school  day  consists  of 
six  hours;  the  school  week,  of  five  days;  the  school  month,  of 
four  weeks;  and  the  school  year,  of  not  less  than  nine  months. 
The  school  year  mentioned  has  reference  to  the  granting  of 
certificates.  The  school  year,  for  general  business  purposes, 
begins  on  the  first  day  of  July,  and  ends  on  the  last  day  of 
June  following.  Every  school  district  is  required  to  main- 
tain school  at  least  six  months  in  each  year. 


Queen  Anne  High  School,  Seattle 

Districts. — For  purposes  of  supervision,  each  county  in  the 
state  is  designated  as  a  county  school  district.  For  the  local 
support  and  management  of  schools,  cities  of  the  first  and 
second  classes  are  known  as  districts  of  the  first  class.  Cities 
of  the  third  and  fourth  classes  are  districts  of  the  second  class, 
and  all  other  districts  belong  to  the  third  class.  Two  or  more 
districts  may  be  united  into  what  is  known  as  a  consolidated 
district.  A  district  composed  of  territory  lying  partly  in  two 
or  more  counties  is  called  a  joint  school  district.  In  general, 
each  school  district  must  contain  at  least  four  sections  of  land. 
The  law,  however,  provides  for  the  formation  of  districts  of 


THE  PUBLIC  SCHOOLS 


35 


smaller  area  than  four  sections,  under  certain  conditions. 
School  districts  in  each  county  are  numbered  consecutively. 
Census. — A  school  census  is  required  to  be  taken  each 
year  in  all  districts  of  the  state.  This  census  shows  the 
number  of  persons  of  each  sex,  between  the  ages  of  six  and 
twenty-one  years,  who  were  residents  of  the  several  districts 
on  the  first  day  of  May.  The  enumeration  made  in  each 
district  is  sent  to  the  county  superintendent.  All  the  reports 


Tacoma  High  School 

from  the  several  districts  are  tabulated  by  him  and  forwarded 
to  the  state  superintendent  of  public  instruction.  The  com- 
plete reports  from  all  the  counties  show  the  full  number  of 
persons  of  school  age  in  the  state. 

Directors. — In  each  school  district,  a  board  of  directors  has 
the  general  management  of  the  schools.  The  board  adopts 
rules  and  regulations  for  the  management  of  the  schools. 
It  has  charge  of  the  erection  of  school  buildings,  the  fixing 
and  payment  of  salaries  of  teachers  and  other  employees,  and 
the  settlement  of  all  contingent  and  incidental  expenses. 
In  districts  of  the  first  class,  it  is  the  duty  of  the  board  to  em- 


36  WASHINGTON 

ploy  a  city  superintendent  of  schools,  in  addition  to  the  other 
teachers  required,  and  to  furnish  free  textbooks  for  use  in  the 
schools,  when  ordered  to  do  so  by  a  vote  of  the  qualified  elect- 
ors of  the  district. 

First  Class. — The  board  of  directors  in  districts  of  the  first 
class  consists  of  five  members,  chosen  by  the  qualified  voters 
of  the  district  on  the  first  Saturday  of  December  for  terms  of 
three  years.  Two  members  are  chosen  each  of  two  years  in 
succession,  and  one  member  is  chosen  the  third  year.  Each 
director  enters  upon  the  duties  of  his  office  on  the  first  Monday 
in  January  following  his  election.  At  the  first  regular  meeting 
in  each  year,  the  board  is  organized  by  the  election  of  one  of 
its  members  as  president.  A  vice  president  is  also  chosen 
from  the  board,  and  a  secretary  who  is  not  a  member  is 
elected  to  serve  during  the  pleasure  of  the  board,  at  a  salary 
fixed  by  them. 

Second  and  Third  Classes. — The  school  board  in  districts 
of  the  second  and  third  classes  consists  of  three  members,  one 
being  chosen  at  the  regular  annual  election  on  the  first  Satur- 
day in  March,  for  a  term  of  three  years.  Their  term  of  office 
begins  on  the  fourth  Monday  following  their  election.  The 
board  meets  at  two  o'clock  p.  m.  on  that  date,  and  organizes 
by  the  election  of  one  of  its  members  as  chairman.  At  this 
time,  a  clerk  of  the  board  is  elected.  He  may,  or  may  not,  be 
a  member  of  the  board.  In  districts  of  the  second  class, 
regular  meetings  are  held  on  the  first  Friday  of  each  month. 
In  districts  of  the  third  class,  regular  meetings  are  held  on  the 
first  Saturday  of  February,  May,  August,  and  November. 
Special  meetings  of  the  board,  in  all  districts,  may  be  held 
whenever  necessary.  The  clerk  takes  the  enumeration  of 
persons  of  school  age  in  his  district. 
,  Compulsory  Education. — Attendance  in  the  public  schools 


South  Central  High  School,  Spokane 


Everett  High  School 


Lincoln  High  School,  Seattle 
37 


38  WASHINGTON 

of  this  state  is  compulsory  for  all  children  between  eight  and 
fifteen  years  of  age.  In  the  larger  districts,  truancy,  or 
probation,  officers  are  employed  to  see  to  the  enforcement  of 
the  compulsory  attendance  law.  To  aid  in  the  support  of 
this  law,  it  is  made  a  misdemeanor  for  any  person,  firm,  or 
corporation  to  employ  children  under  fifteen  years  of  age 
during  the  time  the  public  schools  are  in  session  in  the  dis- 
trict in  which  the  children  reside,  unless  it  is  done  with  the 
knowledge  and  consent  of  the  school  superintendent  of  the 
district. 

Patriotism. — The  primary  purpose  of  the  establishment 
of  common  schools  supported  at  public  expense  is  to  train 
for  citizenship.  Every  school  is  required  to  own  a  United 
States  flag,  and  to  keep  it  displayed  during  school  hours, 
except  in  inclement  weather.  The  following  section  of  the 
school  law  is  an  important  one:  "It  shall  be  the  duty  of  all 
teachers  to  impress  on  the  minds  of  their  pupils  the  principles 
of  morality,  truth,  justice,  temperance,  humanity,  and  patriot- 
ism; to  teach  them  to  avoid  idleness,  profanity,  and  falsehood; 
to  instruct  them  in  the  principles  of  free  government,  and  to 
train  them  up  to  the  true  comprehension  of  the  rights,  duty, 
and  dignity  of  American  citizenship." 

Textbooks. — For  the  adoption  of  textbooks  for  use  in  the 
public  schools  of  this  state,  districts  are  separated  into  two 
divisions.  The  first  division  includes  all  districts  that  main- 
tain an  accredited  high  school  course  of  four  years.  All  other 
districts  belong  in  the  second  division.  In  each  district  of 
the  first  division,  there  is  a  textbook  commission  of  five  mem- 
bers appointed  to  select  suitable  books  for  use  in  the  schools 
of  the  district.  This  commission  consists  of  the  city  superin- 
tendent, two  members  of  the  school  board,  and  two  teachers 
of  the  district  appointed  by  the  board  of  directors.  Text- 


THE  PUBLIC  SCHOOLS 


39 


books  cannot  be  changed  oftener  than  once  in  three  years,  in 
districts  of  the  first  division.  The  county  board  of  education 
adopts  books  for  districts  of  the  second  division  for  a  term  of 
five  years. 

Circulating  Library. — The  county  superintendent  of  each 
county  in  this  state  is  authorized  to  establish  a  circulating 
library  for  the  use  of  pupils  in  the  common  schools  of  the 
county.  To  sustain  such  a  library,  the  county  commissioners 
are  authorized  to  levy  a  tax  of  not  more  than  one  tenth  of  a 
mill  on  tin.'  taxable  property  of  the  county.  The  county 
superintendent  has  charge  of  the  county  circulating  library. 
He  is  authorized  to  purchase  the  necessary  books  and  fixtures 
for  the  library,  but  he  may  purchase  only  such  books  as  have 
been  recommended  by  the  state  board  of  education,  or  by  the 
state  superintendent  of  public  instruction. 

Current  School  Funds. — The  interest  on  the  permanent 
school  fund,  together  with  the  rental  of  school  lands,  must  be 
used  for  the  benefit  of  the  public  schools  of  the  state,  each 
year.  This  fund  is  increased  by  the  net  proceeds  of  all  fines 
and  forfeitures  collected  for  violation  of  the  penal  laws  of  the 
state.  In  addition,  the  state  board  of  equalization  is  required 
to  levy  such  a  sum  as  will,  when  added  to  the  items  above 
mentioned,  amount  to  ten  dollars  for  every  person  of  school 
age  in  the  state,  provided  such  tax  does  not  amount  to  more 
than  l"i  ve  m i  1  Is  on  the  dollar.  The  money  so  raised  is  known  as 
the  current  state  school  fund,  and  it  is  apportioned  to  the 
several  counties  of  the  state  according  to  the  attendance  of 
pupils  in  each  district.  Every  district  is  credited  with  at 
least  two  thousand  days'  attendance  each  year. 

County  Tax. — At  the  time  of  making  the  annual  tax  levy 
for  county  purposes,  the  county  commissioners  also  levy  a  tax 
on  all  the  property  of  the  county  sufficient  to  produce  the  sum 


40  WASHINGTON 

of  ten  dollars  for  every  person  of  school  age  in  the  county. 
As  in  the  case  of  the  state  tax  for  school  purposes,  the  levy 
must  not  exceed  five  mills  on  the  dollar. 

District  Tax. — The  board  of  directors  of  each  district 
estimates  the  total  amount  of  money  needed  to  defray  the 
expenses  of  the  schools  of  the  district,  each  year.  This  esti- 
mate covers  the  expense  for  schoolhouses,  teachers'  salaries, 
and  all  incidentals.  In  addition  to  the  twenty  dollars  for 
each  person  of  school  age  received  from  the  state  and  county 
funds,  a  district  tax  is  levied  upon  all  the  taxable  property 
of  the  district.  The  proceeds  from  this  tax  make  up  the  bal- 
ance needed  for  the  support  of  the  schools.  The  estimate  for 
the  district  of  Spokane  for  1910,  for  instance,  was  as  follows: 
One  hundred  and  eighty-five  thousand  dollars  is  expected 
from  the  current  state  fund,  and  one  hundred  and  ninety 
thousand  dollars  from  the  county  school  fund.  In  addition 
to  this,  a  levy  of  four  and  one  half  mills  was  made  as  a  district 
tax  which  is  intended  to  bring  the  entire  district  fund  up  to  a 
total  of  six  hundred  and  seventy-seven  thousand,  five  hundred 
dollars.  The  total  amount  of  money  received  from  all  these 
sources  is  called  the  general  school  fund. 

Bonds. — The  electors  of  any  school  district  in  the  state 
may  authorize  the  board  of  directors  to  issue  bonds  equal  to 
five  per  cent,  of  the  value  of  the  taxable  property  of  the 
district  for  the  purchase  of  schoolhouse  sites,  the  erection  of 
schoolhouses,  the  payment  of  district  debts,  and  for  several 
other  purposes  provided  for  by  law.  Such  bonds  must  not 
bear  more  than  six  per  cent,  interest,  nor  be  issued  for  a 
longer  period  than  twenty  years. 

Teachers. — All  persons  desiring  to  teach  in  the  schools  of 
this  state  must  be  provided  with  teachers'  certificates  or 
diplomas,  as  required  by  law.  Teachers  are  required  to 


THE  PUBLIC  SCHOOLS  41 

report  to  the  county  superintendent  at  the  close  of  each  term 
such  matters  as  may  be  necessary  to  enable  the  superintend- 
ent to  furnish  the  data  required  by  the  state  department  of 
education.  Teachers  are  not  required  to  teach  on  legal  holi- 
days. A  teacher  may  suspend  a  pupil  for  insubordination, 
but  must  report  the  suspension  at  once  to  the  board  of 
directors. 

No  person  under  eighteen  years  of  age  is  permitted  to  teach 
in  the  public  schools  of  this  state,  and  no  person  under  nine- 
kvn  is  entitled  to  receive  a  certificate  higher  than  a  second 
grade.  Good  moral  character  and  personal  fitness  are  con- 
sidered two  essential  qualifications  for  teaching.  Aptness  to 
teach,  ability  to  govern,  and  successful  experience  in  teaching 
should  be  taken  into  account  in  the  granting  of  certificates, 
whenever  it  is  possible  to  do  so. 

Certificates. — Teachers'  certificates  and  diplomas  in  this 
state,  except  temporary  certificates,  and  certificates  in  certain 
large  cities,  are  issued  or  countersigned  by  the  superintendent 
of  public  instruction.  They  are  based  upon  examinations 
conducted  by  the  superintendent  of  schools  of  each  county. 
These  examinations  are  held  at  the  county  seat  three  times  a 
year  on  dates  fixed  by  law.  The  examination  papers  written 
by  each  applicant  are  forwarded  to  the  state  superintendent 
to  be  graded.  Successful  applicants  are  granted  certificates 
to  teach,  as  provided  by  law. 

City  Certificates. — In  districts  employing  at  least  one 
hundred  teachers,  a  local  board  of  examiners  is  authorized. 
This  board  consists  of  the  city  superintendent  and  two 
assistants  who  are  chosen  by  the  board  of  directors.  This 
board  conducts  the  examination  of  applicants  to  teach  in  the 
schools  of  the  city  and  grants  certificates  to  successful  ap- 
plicants. 


42  WASHINGTON 

Classes  of  Certificates. — The  following  classes  of  certificates 
are  recognized  by  law  in  this  state : 
First.      Common  school  certificates  and  diplomas. 

(a)  Third  grade  certificates. 

(b)  Second  grade  certificates. 

(c)  First  grade  primary  certificates. 

(d)  First  grade  certificates. 

(e)  Professional  certificates. 

(f)  Permanent  certificates. 

1.  First  grade  primary. 

2.  First  grade. 

3.  Professional. 

(g)  Life  certificates. 
Second.    City  certificates. 

(a)  High  school. 

(b)  Grammar  school. 

(c)  Primary. 

Third.  Certificates  and  diplomas  of  higher  institutions. 

(a)  Normal  schools. 

(b)  State  college. 

(c)  University  of  Washington. 
Fourth.  Temporary  certificates. 
Fifth.  Special  certificates. 


CHAPTER  VI 
COUNTY  GOVERNMENT 

PART  I 

Counties. — The  state  of  Washington  has  an  area  of  sixty- 
nine  thousand,  one  hundred  twenty-seven  square  miles, 
and  is  divided  into  thirty-nine  counties.  When  the  state 
was  admitted  into  the  Union,  in  1889,  there  were  thirty-four 
counties,  only  five  new  ones  having  been  formed  since  the 
state  organized.  The  Columbia  river  crosses  the  state  from 
north  to  south  and  forms  nearly  three  fourths  of  the  south- 
ern boundary.  This  river  crosses  the  northwest  corner  of 
Stevens  county,  and  that  is  the  only  county  in  the  state 
crossed  by  it.  However,  it  forms  a  partial  boundary  line  of 
eighteen  (nearly  half)  of  the  counties  of  the  state.  Several 
other  rivers,  the  Cascade  mountains,  and  Puget  sound  seem 
to  form  natural  lines  of  division  for  counties.  A  glance  at 
the  map  of  the  state  will  show  that  county  boundaries  are 
quite  irregular,  not  a  single  county  of  the  state  being 
bounded  entirely  by  straight  lines. 

County  Names. — The  study  of  county  names  is  full  of 
interest.  The  state  itself  was  named  for  Washington,  and  it 
is  the  only  state  named  in  honor  of  a  president  of  the  United 
States.  Adams,  Jefferson,  Pierce,  Lincoln,  Grant,  and 
Garfield  counties  were  named  in  honor  of  presidents.  King 
county  was  named  in  honor  of  William  Rufus  King,  vice 
president  of  the  United  States  from  1853  to  1857.  Lewis  and 
Clarke  counties  perpetuate  the  names  of  the  leaders  of  that 
wonderful  expedition  that  explored  the  Northwest  more  than 

43 


44 


COUNTY  GOVERNMENT  45 

a  century  ago.  Whitman  county  was  named  for  Marcus 
Whitman,  one  of  the  most  remarkable  pioneers  of  any  state. 
Thomas  H.  Ben  ton  of  Missouri,  Stephen  A.  Douglas,  and 
Benjamin  Franklin  are  remembered  in  the  naming  of  three 
counties.  Ferry  county  was  named  for  Elisha  P.  Ferry,  first 
governor  of  the  state;  Stevens  for  Isaac  I.  Stevens,  its  first 
territorial  governor;  Mason  for  Charles  H.  Mason,  first 
territorial  secretary;  and  Thurston  for  Samuel  R.  Thurston, 
first  delegate  to  congress  from  Oregon  territory.  Thus  we 
find  that  seventeen  counties  were  named  for  prominent  men. 

Other  Names. — Another  class  of  names  includes  Columbia 
county,  named  from  the  river  of  that  name;  Island  county, 
so  called  because  it  is  composed  chiefly  of  islands;  Pacific 
county,  from  the  Pacific  ocean;  San  Juan  county,  from  its 
largest  island ;  and  Pend  Oreille  from  the  river  of  that  name. 
The  names  of  the  other  seventeen  counties  are  of  Indian 
origin.  They  are  Asotin  (eel  creek);  Chehalis  (sand); 
Clu-lan  (deep  water);  Clullam  (strong  people);  Cowlitz 
(Indian  tribe  of  the  same  name);  Kitsap  (brave);  Kittitas 
(gray  gravel  bank);  Klickitat  (robber);  Okanogan  (ren- 
dezvous); Skagit  (Indian  tribe  of  same  name);  Skamania 
(swift  water);  Snohomish  (union);'  Spokane  (child  of  the 
sun) ;  Wahkiakum  (name  of  an  Indian  chief) ;  Walla  Walla 
(running  water);  Whatcom  (noisy  water),  and  Yakima 
(black  bear).  The  map  of  the  United  States  is  covered  with 
Indian  names, — states,  cities,  counties,  mountains,  valleys, 
rivers,  and  plains, — but  not  more  than  thirty  words  of 
Indian  origin  are  found  in  the  body  of  our  language,  ex- 
clusive of  proper  names. 

Counties  Classified. — The  counties  of  the  state  are  clas- 
sified according  to  population  for  the  purpose  of  fixing  and 
paying  salaries,  providing  for  deputies,  and  the  collection  of 


46  WASHINGTON 

fees.  There  are  now  twenty-nine  classes  of  counties.  Coun- 
ties of  the  first  class  must  have  a  population  of  more  than 
eighty  thousand,  and  those  of  the  twenty-ninth  class,  less  than 
one  thousand.  There  is  a  gradual  increase  in  the  salaries  of 
officers  from  the  lowest  class  of  counties  to  the  highest.  The 
code  should  be  consulted  for  the  complete  classification  of 
counties. 

County  Seat. — County  government  in  the  state  of  Washing- 
ton is  very  important,  as  the  county  is  the  unit  for  many  gov- 
ernmental purposes.  In  each  county,  the  people  have  selected 
a  place  at  which  the  principal  business  of  the  county  is  trans- 
acted. This  place  is  known  as  the  county  seat,  and  it  should 
be  as  centrally  located  as  possible. 

Officers. — The  officers  of  a  county  are  a  board  of  three 
commissioners,  a  sheriff,  clerk,  auditor,  treasurer,  attorney, 
assessor,  superintendent  of  common  schools,  surveyor,  and 
coroner.  In  counties  having  a  population  of  less  than  three 
thousand,  two  or  more  offices  whose  duties  do  not  conflict 
may  be  combined,  by  order  of  the  county  commissioners,  and 
one  person  be  elected  to  fill  such  offices. 

Election. — The  county  officers  are  chosen  by  the  qualified 
voters  of  the  county  at  the  general  election  in  each  even- 
numbered  year,  for  a  term  of  two  years.  The  election  is  held 
on  the  Tuesday  next  after  the  first  Monday  in  November. 
Each  county  is  divided  into  three  districts,  and  one  commis- 
sioner is  elected  from  each  district  by  the  qualified  voters 
thereof.  No  county  officer  can  be  elected  to  the  same  office 
for  more  than  two  terms  in  succession.  The  principal  duties 
of  these  officers  will  now  be  discussed.  For  their  special 
powers,  reference  should  be  made  to  the  code  of  Washing- 
ton and  to  the  session  laws,  as  the  acts  of  the  legislature  are 
called. 


COUNTY  GOVERNMENT 


47 


Qualification. — All  civil  officers  in  the  state  of  Washington 
are  required  to  " qualify"  within  a  certain  time,  which  is 
usually  two  weeks,  after  they  have  been  notified  of  their  elec- 
tion or  appointment  to  such  office.  The  qualification  of  an 
officer  consists  in  subscribing  to  an  oath  or  affirmation  to  sup- 
port the  constitution  of  the  United  States  and  of  the  state 
of  Washington,  and  faithfully  to  discharge  the  duties  of  the 
office  to  which  he  has  been  chosen,  to  the  best  of  his  ability. 
A  failure  to  qualify  within  the  time  prescribed  by  law  is  con- 
sidered a  refusal  to  serve. 

County  Commissioners. — The  county  commissioners  have 
charge  of  the  erection  and  repair  of  the  courthouse  and  other 
county  buildings,  the  location  of  county  roads  and  the  con- 
struction of  county  bridges,  the  licensing  of  ferries,  the  assess- 
ment and  collection  of  county  taxes,  and  the  payment  of  all 
just  claims  against  the  county.  They  audit  the  accounts  of 
other  county  officers  and  make  settlements  with  them  at 
regular  intervals.  They  also  have  the  care  of  all  county 
property  and  the  general  management  of  all  the  business  of 
the  county.  They  represent  the  county  in  all  legal  actions, 
and  perform  such  additional  duties  as  may  be  required  by 
law. 

Meetings. — At  the  first  meeting  of  the  board  after  the 
general  election,  one  of  their  number  is  chosen  to  preside  at 
the  meetings  of  the  board  and  to  sign  all  its  official  documents 
as  chairman.  Regular  meetings  of  the  board  are  held  at  the 
county  seat,  on  the  first  Monday  of  January,  April,  July,  and 
November.  They  also  meet  on  the  first  Monday  in  August 
to  act  as  a  board  of  equalization  for  the  county.  In  counties 
having  a  population  from  six  thousand  to  twelve  thousand, 
regular  sessions  of  the  board  are  limited  to  thirty  days  in  each 
year;  when  the  population  is  between  thirty-five  hundred 


48  WASHINGTON 

and  six  thousand,  the  limit  is  twenty-five  days;  and  in  counties 
of  less  population  than  thirty-five  hundred,  sessions  are 
limited  to  twenty  days.  In  the  more  populous  counties  of  the 
state,  so  much  work  is  required  of  the  county  commissioners 
that  they  are  occupied  with  the  business  of  the  county  practi- 
cally all  of  the  time. 

Bond  and  Salary. — Each  county  commissioner  in  this  state 
is  required  to  give  a  bond  varying  from  two  thousand  to 
twenty  thousand  dollars,  according  to  the  class  of  county  in 
which  he  is  elected.  Commissioners  of  counties  of  the  first 
class  receive  an  annual  salary  of  two  thousand  dollars  and 
necessary  traveling  expenses.  Those  in  counties  of  the 
twenty-ninth  class  are  allowed  four  dollars  a  day  for  the  time 
actually  employed,  and  ten  cents  a  mile  for  the  distance 
traveled.  The  salary  of  commissioners  in  other  counties 
varies  between  the  above  limits,  according  to  the  length  of 
service  required. 

Road  Supervisors. — The  board  of  county  commissioners 
now  has  charge  of  the  construction  and  repair  of  the  high- 
ways of  the  county.  To  make  this  work  effective,  the  com- 
missioners are  required  to  divide  their  respective  counties 
into  road  districts,  not  exceeding  twenty-four  in  number  in 
any  county.  They  appoint  a  road  supervisor  for  each  district, 
who  must  be  a  resident  elector  of  the  district.  He  gives  a 
bond  to  the  county  commissioners  in  such  sum  as  they  may 
require.  He  is  paid  not  to  exceed  four  dollars  a  day  for  the 
time  he  is  actually  employed. 

Duties. — It  is  the  duty  of  the  road  supervisor,  acting  under 
the  direction  of  the  county  commissioners,  to  keep  the  roads 
and  bridges  of  his  district  in  as  good  condition  as  possible 
with  the  funds  that  are  available  for  that  purpose.  He  is 
required  to  make  a  monthly  report  to  the  commissioners, 


COUNTY  GOVERNMENT  49 

showing  the  amount  of  work  done  in  his  district  since  his  last 
report.  He  has  charge  of  the  construction  of  bridges  that  cost 
less  than  one  hundred  and  fifty  dollars.  Bridges  that  are  to 
cost  more  than  the  above-mentioned  sum  are  known  as  county 
bridges,  and  they  are  built  under  contract  let  by  the  county 
commissioners,  in  a  manner  prescribed  by  law.  Roads  are 
constructed  and  repaired  from  the  proceeds  of  a  tax  of  not 
less  than  one  mill  nor  more  than  ten  mills  on  the  dollar,  of  the 
assessed  value  of  the  property  in  the  road  district  in  which 
the  tax  is  levied.  Property  owners  in  any  district  may  pay 
their  road  tax  in  labor  on  the  highways,  if  they  choose,  but 
otherwise  road  taxes  are  payable  in  money  the  same  as  taxes 
for  other  purposes.  Road  taxes  are  levied  by  the  board  of 
county  commissioners  of  each  county. 

Legislative  Powers. — Tin-  hoard  of  county  commissioners 
is  often  called  the  legislative  body  of  the  county,  and  there 
>ense  in  which  the  statement  is  true.  Each  board  acts 
only  for  its  own  county,  and  in  a  manner  prescribed  by  law. 
This  legislative  power  consists  in  the  adoption  of  certain 
regulations  for  the  management  of  county  affairs,  for  which 
there  is  no  special  provision  of  law.  Nearly  all  boards  of  com- 
missioners and  directors,  authorized  by  the  laws  of  the  state, 
are  given  large  discretionary  powers,  and  it  is  in  the  exercise 
of  such  powers  that  boards  of  county  commissioners  are  said 
to  have  the  right  to  legislate.  One  of  the  most  important 
powers  of  the  county  commissioners  is  to  levy  taxes,  as  de- 
scribed in  the  next  chapter. 

Suggestions. — It  is  recommended  that  a  careful  study  of 
county  government  be  made  by  all  pupils  as  a  preparation 
for  a  clear  understanding  of  state  and  national  government. 
It  is  also  suggested  that  pupils  be  required  to  examine  and 
discuss  the  published  proceedings  of  the  board  of  county 


50  WASHINGTON 

commissioners  as  they  appear  in  the  county  papers  after  each 
regular  session  of  the  board.  In  this  way,  an  interest  in 
public  affairs  will  be  aroused,  and  the  study  of  civil  govern- 
ment will  be  made  more  practical. 

PART  II 

Levy  of  Taxes. — All  county  taxes  are  levied  in  specific 
amounts,  and  the  rate  of  taxation  for  each  purpose  is  found 
by  dividing  the  amount  to  be  raised,  by  the  total  valuation  of 
taxable  property  in  the  county.  The  amount  to  be  raised  for 
state  purposes  is  apportioned  among  the  several  counties 
according  to  the  value  of  the  property  assessed  in  each  county, 
but  the  rate  of  taxation  for  general  state  purposes  cannot 
exceed  three  mills  on  a  dollar  in  any  one  year.  In  order  to 
show  clearly  how  different  items  of  taxation  are  determined, 
the  tax  for  all  purposes  levied  by  the  board  of  commissioners 
for  Spokane,  Spokane  county,  is  here  given. 

GENERAL  LEVY 

STATE 

Funds                             Mills  By  Whom  Estimated 

General       2.606  State  Board  of  Equalization 

School 2.183  "         "       " 

Military 174  "         "       " 

Highway 867  "         "       " 

Total  5.830 

COUNTY 

Current  Expenses 3.9  County  Commissioners 

Interest 25  "  " 

Soldier .         .05  "  " 

Bridge 97 

School 3.  "  " 

Total  8.17 


COUNTY  GOVERNMENT  51 

CITY 

General  Expense 10  &  City  Council 

Parks i  J           "          " 

Library        -^           "          « 

Interest  on  Bonds if           "          " 

Total  14 

SCHOOL  DISTRICT 
District  81  (Spokane)     ....      4  $        Board  of  Directors 

Application  of  Rates.— The  rate  of  taxation  for  state  and 
county  purposes  is  the  same  throughout  the  county.  The  city 
levy  is  for  the  support  of  the  city  government  and  the  payment 
of  indebtedness,  including  city  bonds,  and  the  school  levy  is 
for  the  support  of  the  schools  of  the  district.  City  taxes  apply 
only  to  the  city  for  which  they  are  levied,  and  school  taxes 
vary  according  to  the  needs  of  the  several  school  districts. 

County  Assessor. — The  county  assessor  has  charge  of 
listing  the  property  within  his  county  for  purposes  of  taxation. 
He  is  required  to  fix  the  value  of  every  piece  of  property,  real 
and  personal,  that  is  subject  to  taxation  in  the  county.  A 
complete  list  of  all  property  under  appropriate  headings  is 
made  by  him  and  reported  to  the  county  auditor  as  the  basis 
of  tax  levies  for  all  purposes.  The  county  assessor  may  ap- 
point as  many  deputies  as  are  necessary  to  enable  him  to  per- 
form the  duties  of  his  office  satisfactorily.  His  salary  varies 
according  to  the  work  required  of  him.  In  the  most  populous 
counties,  the  salary  is  twenty-two  hundred  dollars  a  year  and 
it  ranges  downward  to  four  dollars  a  day  for  the  assessors  in 
the  sparsely  settled  counties. 

f  Valuation  of  Property. — It  is  a  very  difficult  matter  to 
ure  uniformity  in  the  assessment  of  property  for  taxation. 
Washington — 4 


52  WASHINGTON 

One  of  the  most  serious  evils  of  the  times,  throughout  this 
country,  is  the  lack  of  uniformity  found  in  the  levying  of  taxes. 
There  is  only  one  just  way  to  make  such  a  levy,  and  that  is  to 
cause  every  dollar's  worth  of  property  subject  to  taxation  to 
pay  its  proper  share  of  taxes  for  the  support  of  the  government. 
There  is  a  popular  feeling,  all  over  our  country,  that  our  tax 
laws  should  be  so  enacted  as  to  insure  the  proper  listing  and 
uniform  assessment  of  all  property  to  be  taxed. 

Assessment. — The  work  of  the  assessor  is  an  important  one, 
and  it  is  often  quite  difficult  to  perform  to  the  satisfaction  of 
property  owners.  Certain  property  is  exempt  from  taxation 
by  law.  The  assessor  is  required  to  inspect  every  piece  of 
property  subject  to  taxation,  and  to  determine  its  value  for 
taxable  purposes.  Real  estate  is  assessed  only  in  the  even- 
numbered  years,  but  personal  property  is  assessed  annually. 
Real  estate  includes  all  land  and  the  permanent  improvements 
erected  thereon.  Personal  property  includes  horses,  cattle, 
hogs,  machinery,  grain,  real  estate  mortgages,  and,  in  short, 
everything  else  of  value,  not  included  under  the  term  real 
estate. 

Exemptions. — In  general,  the  following  classes  of  property 
are  exempt  from  taxation  and  are  not  assessed:  The  property 
of  the  United  States  and  of  the  state  of  Washington,  includ- 
ing school  lands  and  all  property  leased  to  the  state;  the 
property  of  school  districts,  townships,  incorporated  towns, 
cities,  and  counties,  when  used  exclusively  for  the  benefit  of 
the  public  and  not  for  profit;  the  property  of  literary,  scien- 
tific, benevolent,  agricultural,  and  religious  institutions  which 
is  devoted  to  the  appropriate  uses  of  these  institutions;  the 
estates  of  persons  who  by  reason  of  age  or  infirmity  are  unable 
to  contribute  to  the  public  revenue;  farming  utensils,  and  the 
tools  of  any  mechanic  actually  needed  and  used  by  him  in 


COUNTY  GOVERNMENT  53 

earning  a  livelihood;  and  government  and  state  lands  during 
the  year  in  which  they  may  have  been  sold  to  private  parties. 
The  head  of  each  family  is  allowed  an  exemption  from  tax- 
ation of  personal  property  to  the  value  of  three  hundred 
dollars. 

Uniform  Assessment. — In  order  that  the  property  in  any 
county  may  be  assessed  uniformly  according  to  its  value,  the 
board  of  county  commissioners,  the  county  assessor,  and  the 
county  treasurer  act  as  a  board  of  equalization.  In  cities  of 
the  first  and  second  classes,  the  city  council  appoints  a  commit- 
tee of  three  of  its  members  to  act  with  the  county  commis- 
sioners in  the  equalization  of  assessments  for  such  cities. 

The  county  board  of  equalization  meets  on  the  first  Mon- 
day of  August  of  each  year  to  examine  the  books  of  the  as- 
sessor, and  to  adjust  any  irregularities  in  assessment  that  may 
be  found  necessary.  They  may  order  the  assessment  of  any 
piece  of  property  in  the  county  to  be  raised  or  lowered,  as 
seems  to  them  just  and  proper.  If  any  assessment  is  to  be 
raised,  the  owner  of  the  property  must  be  notified,  and  must 
be  given  a  hearing  before  the  board,  if  he  so  desires.  The 
county  auditor  is  clerk  of  this  board,  and  he  is  required  to 
record  all  changes  made  by  it.  When  their  work  is  completed, 
the  books  of  the  assessor  are  delivered  to  the  county  auditor, 
and,  from  them,  he  is  able  to  make  up  the  tax  list  of  all  prop- 
erty in  the  county. 

County  Auditor. — The  county  auditor  is  clerk  of  the  board 
of  county  commissioners,  and  it  is  his  duty  to  record  the 
proceedings  of  that  body  and  to  preserve  them  in  permanent 
form,  in  books  provided  for  that  purpose.  He  signs  all  orders 
issued  by  the  board  for  the  payment  of  money  from  the 
county  treasury,  and  serves  as  general  accountant  for  the 
county.  He  keeps  a  record  of  all  births  and  deaths  in  the 


54 


WASHINGTON 


county.  He  is  required  to  publish  all  notices  of  general  elec- 
tions in  his  county.  At  least  five  days  before  each  election, 
the  county  auditor  furnishes  two  poll  books  for  each  voting 
precinct  in  the  county.  Immediately  after  the  election,  one  of 
these  books  is  forwarded  to  him  from  each  voting  precinct, 
with  the  number  of  votes  each  candidate  received  for  every 
office  to  be  filled  at  that  election.  From  all  the  poll  books 
thus  made  out,  he  makes  an  abstract  of  all  the  votes  cast  in 
the  county  for  each  candidate  and  forwards  it  to  the  secretary 
of  state. 

Bond;  Salary. — The  bond  of  the  county  auditor  is  fixed 
by  the  county  commissioners,  but  it  must  not  be  less  than 
three  thousand  dollars.  It  is  usually  much  more  than  that 
amount.  In  counties  of  the  first  and  second  classes,  the  salary 
of  the  auditor  is  twenty-four  hundred  dollars  a  year,  and  in 
counties  of  the  twenty-ninth  class,  it  is  only  four  hundred 
dollars.  Between  these  two  extremes,  the  salary  is  graded, 
so  as  to  make  it  a  reasonable  compensation  for  the  work 
required. 

Recorder. — The  county  auditor  is  also  the  county  recorder, 
or  register  of  deeds.  All  deeds,  mortgages,  and  assignments 
of  mortgages  are  filed  and  recorded  in  the  office  of  the  county 
auditor.  Such  record  is  a  notice  to  the  world  of  the  transfer 
or  incumbrance  of  the  property  named  in  the  deed  or  other 
instrument.  A  person  buying  land  should  be  sure  that  he  is 
acquiring  proper  title  to  it.  It  would  be  very  difficult  for  a 
purchaser,  even  with  the  aid  of  the  county  auditor,  to  examine 
the  records  to  see  that  all  the  transfers,  from  the  government 
down,  had  been  properly  made.  To  facilitate  the  transfer 
of  real  estate,  private  corporations,  and  individuals  in  some 
cases,  are  engaged  in  the  business  of  making  abstracts  of 
title  to  land.  An  abstract  of  title  does  not  give  each  instru- 


COUNTY  GOVERNMENT  55 

ment  in  full,  but  it  shows  all  the  important  points  affect- 
ing the  property  in  question.  It  gives  the  character  of  all 
instruments  affecting  the  title  to  the  land  and  has  them 
arranged  in  regular  order  as  they  appear  on  the  records. 
From  such  an  abstract,  the  purchaser  may  know  whether  or 
not  he  has  a  clear  title  to  the  property. 

Treasurer. — The  county  treasurer  receives  all  money 
belonging  to  the  county,  and  pays  it  out  upon  the  order  of 
the  board  of  county  commissioners.  Warrants  or  orders  for 
the  payment  of  money  by  the  county  treasurer  are  drawn  and 
signed  by  the  county  auditor  and  sealed  with  the  county  seal. 
The  treasurer  keeps  a  record  of  all  moneys  received  and 
warrants  paid,  and  holds  the  same,  at  all  times,  subject  to  the 
inspection  of  the  board  of  county  commissioners.  He  keeps 
a  separate  account  of  all  taxes  levied  in  the  county  for  state, 
county,  school,  city,  highway,  and  other  purposes. 

Taxes. — Taxes  levied  in  any  one  year  become  due  on  the 
first  Monday  of  February  and  delinquent  on  the  thirty-first 
of  May  following.  Interest  at  the  rate  of  fifteen  per  cent, 
per  annum  is  charged  on  all  delinquent  taxes,  provided  that 
a  person  whose  tax  amounts  to  at  least  two  dollars,  may  pay 
one  half  of  his  tax  before  the  date  of  delinquency,  and  the 
second  half  may  remain  unpaid,  without  penalty,  until  the 
thirtieth  day  of  the  following  November.  Any  person  who 
pays  his  real  estate  tax  in  full,  at  one  payment,  on  or  be- 
fore March  fifteenth  of  the  year  in  which  it  becomes  due, 
is  allowed  a  reduction  of  three  per  cent,  from  the  amount 
due. 

Tax  Receipts.— The  treasurer  makes  out  and  delivers  to 
each  taxpayer  a  receipt,  stating  the  time  of  payment,  the 
description  and  assessed  value  of  each  parcel  of  land,  the 
value  of  all  personal  property  assessed  to  him,  the  amount 


56  WASHINGTON 

of  each  kind  of  tax,  and  the  interest  and  costs  that  have  ac- 
crued, if  any,  giving  a  separate  receipt  for  each  year. 

Delinquency. — On  December  first  of  each  year,  or  at  any 
time  thereafter,  the  county  treasurer  is  authorized  to  sell 
delinquency  certificates  of  taxes  due  on  any  real  estate  upon 
which  the  taxes  have  not  been  paid.  These  certificates  are 
issued  to  any  one  who  will  pay  the  taxes  and  interest  due  on 
such  property.  The  certificates  bear  interest  at  the  rate  of 
fifteen  per  cent,  per  annum.  At  any  time  after  three  years 
from  the  date  of  the  certificate,  a  tax  deed  to  the  land  may  be 
issued  by  the  county  treasurer  to  the  owner  of  the  certificate. 
Certain  legal  steps  must  be  taken  by  means  of  which  the 
owner  of  the  land  is  given  notice  of  the  proposed  sale  and  a 
chance  to  redeem  the  property  from  taxation,  if  he  choose  to 
do  so. 

Bond. — The  bond  of  the  county  treasurer  is  fixed  by  the 
board  of  county  commissioners  in  a  sum  equal  to  twice  the 
amount  of  money  that  is  likely  to  come  into  his  hands  as 
treasurer.  The  bonds  of  county  treasurers  vary  from  fifty 
thousand  dollars  in  some  of  the  smaller  counties,  to  several 
hundred  thousand  dollars  in  the  larger  ones. 

Salary. — In  counties  of  the  first  and  second  classes,  the 
salary  of  the  treasurer  is  twenty-five  hundred  dollars  a  year, 
while  in  counties  of  the  twenty-ninth  class,  it  is  only  three 
hundred  dollars.  For  the  other  counties,  the  salary  is  gradu  - 
ated  according  to  the  work  to  be  done. 

PART  III 

County  Clerk. — It  is  the  duty  of  the  county  clerk  to  attend 
the  sessions  of  the  superior  court  in  his  county  and  to  keep 
its  records,  papers,  and  official  seals.  He  keeps  a  book  known 
as  the  record  book,  in  which  are  recorded  the  proceedings 


COUNTY  GOVERNMENT  57 

of  the  court;  a  judgment  docket,  in  which  to  keep  an  abstract 
of  all  judgments  rendered  by  the  court,  with  all  the  explana- 
tions necessary;  a  fee  book,  in  which  to  enter  the  costs  and 
fees  in  each  law  suit;  a  journal,  in  which  to  keep  a  daily  rec- 
ord of  the  court  proceedings;  books  for  the  naturalization  of 
aliens;  and  such  other  books  of  record  as  are  necessary  to  set 
forth  in  detail  the  transactions  of  the  superior  court  of  the 
county  in  civil,  criminal,  and  probate  matters.  His  bond  is 
fixed  by  the  judge  or  judges  of  the  superior  court  of  the  county. 
Marriage  licenses  are  issued  by  the  county,  auditor,  but  the 
certificate  of  marriage  is  filed  with  the  county  clerk. 

Probate  Cases. — The  superior  court  of  each  county  is  a 
court  of  probate,  and,  as  such,  it  has  charge  of  the  proving  of 
wills  of  persons  deceased,  the  appointment  of  administrators, 
and  i he  M.-ulement  of  estates.  It  also  has  general  charge  of 
the  appointment  of  guardians  of  minors  and  the  care  of 
their  property.  The  keeping  of  the  probate  records  for  each 
county  is  part  of  the  work  devolving  upon  the  county  clerk. 
Full  reports  of  all  the  work  of  his  office  are  required  to  be 
made  at  stated  intervals. 

Salary. — The  salary  of  the  county  clerk  varies  from  two 
hundred  and  fifty  dollars  a  year,  in  counties  of  the  twenty- 
ninth  class,  to  twenty-two  hundred  dollars,  in  counties  of  the 
first  class.  In  the  larger  counties,  one  or  more  deputies  are 
appointed  by  the  clerk,  and  each  deputy  receives  such  com- 
pensation as  is  fixed  by  the  board  of  county  commissioners. 

Sheriff. — The  sheriff  is  the  chief  police  officer  of  the  county, 
and  he  has  many  important  duties  to  perform  in  connection 
with  the  superior  court.  He,  or  one  of  his  deputies,  has 
charge  of  the  jail  of  the  county  and  the  custody  of  all  prisoners 
committed  to  it.  The  sheriff  and  his  deputies  are  conser- 
vators of  the  peace,  and,  when  necessary,  they  may  call  upon 


58  WASHINGTON 

private  citizens  to  aid  them  in  keeping  and  preserving  the 
peace.  They  are  forbidden  to  purchase,  directly  or  indirectly, 
any  property  offered  for  sale  by  them  under  any  process  of  law. 

Salary. — As  in  the  case  of  the  other  officers  of  the  county, 
the  salary  of  the  sheriff  varies  according  to  the  class  of  county 
in  which  he  resides.  In  counties  of  the  twenty-ninth  class, 
his  salary  is  three  hundred  dollars  a  year,  and  it  is  twenty- 
four  hundred  dollars  a  year  in  counties  of  the  first  class. 
Between  these  limits  the  salary  is  graded  to  correspond  with 
the  work  required.  The  actual  traveling  expenses  of  the 
sheriff  are  paid  out  of  the  general  county  fund,  in  addition 
to  the  salary  fixed  by  law. 

Deputies. — The  sheriff  of  each  county  is  required  to  appoint 
one  or  more  deputies  for  whose  official  acts  he  is  responsible, 
and  from  whom  he  requires  an  official  bond  for  the  faithful 
performance  of  his  duties. 

County  Superintendent. — The  county  superintendent,  who 
may  be  of  either  sex,  must  at  the  time  of  his  election  have 
taught  in  the  schools  of  Washington  for  two  years  of  nine 
months  each.  He  must  also  be  the  holder  of  a  first  grade  or 
higher  certificate.  His  term  of  office  begins  on  the  first 
Monday  of  September  following  his  election,  and  continues 
for  two  years,  and  until  his  successor  is  elected  and  qualified. 
He  may  appoint  a  deputy  and  employ  additional  clerical 
help,  as  provided  by  law. 

Duties. — The  county  superintendent  has  general  super- 
vision of  the  common  schools  of  the  county.  He  sees  to  the 
enforcement  of  school  laws,  visits  the  schools  in  the  county, 
has  charge  of  the  examination  of  teachers,  sees  that  the  out- 
line course  of  study  is  followed,  and  assists  in  all  possible 
ways  in  the  advancement  of  the  best  interests  of  the  schools 
under  his  charge, 


COUNTY  GOVERNMENT 


59 


Normal  Institute. — The  county  superintendent  holds  a 
normal  institute  every  year  for  the  benefit  of  teachers  and 
those  intending  to  teach.  He  also  holds  such  associations  of 
teachers  and  school  officers  as  may  be  for  the  best  interests 
of  the  schools.  In  counties  having  twenty-five  school  districts, 
or  more,  the  institute  must  be  five  days  in  length.  Attendance 
of  all  teachers  for  the  full  session  of  the  institute  is  compulsory. 
In  cities  employing  more  than  one  hundred  teachers,  the  city 
superintendent  is  authorized  to  hold  an  annual  institute  from 
two  to  five  days  in  length.  The  county  institute  is  generally 
held  during  the  week  immediately  preceding  the  beginning  of 
the  fall  term  of  school.  All  examination  fees  collected  by  the 
county  or  city  superintendent  are  paid  into  the  county  treas- 
ury for  the  benefit  of  the  institute  fund.  An  annual  allow- 
ance, not  to  exceed  two  hundred  dollars,  may  be  made  by  the 
county  commissioners  for  the  support  of  the  institute.  Two 
counties  may  hold  a  joint  institute  under  certain  conditions. 

Appeals. — Any  person  who  is  aggrieved  by  any  action  of  a 
school  board  may  appeal  from  the  board  to  the  county  super- 
intendent. The  appeal  must  be  made  within  thirty  days 
after  the  decision  of  the  local  board,  and  in  a  manner  pre- 
scribed by  law.  The  construction  of  contracts  cannot  be 
determined  by  the  county  superintendents,  but  appeals  in  all 
such  cases  must  be  settled  by  the  courts. 

Report. — On  the  first  day  of  August  of  each  year,  the 
county  superintendent  must  forward  to  the  state  superintend- 
ent of  public  instruction  a  complete  summary  of  the  reports 
sent  him  by  the  school  district  clerks  of  the  county.  This 
report  is  for  the  year  ending  June  thirtieth,  and  it  contains 
much  valuable  information  concerning  the  schools  of  the 
county.  It  shows  the  value  of  school  property,  the  number 
of  school  teachers  employed,  pupils  enrolled,  persons  of 


60  WASHINGTON 

school  age,  the  amount  of  money  expended  for  the  support  of 
the  schools,  and  many  other  items  of  interest. 

Apportionment  in  State. — The  state  superintendent  of  pub- 
lic instruction  is  required  to  apportion  to  each  county  of  the 
state,  on  or  before  the  fifteenth  day  of  September,  December, 
March,  and  June,  of  each  year,  such  current  state  school 
funds  as  are,  on  those  dates,  in  the  hands  of  the  state  and 
county  treasurers.  This  apportionment  is  based  upon  the 
total  attendance  of  pupils  in  the  schools  of  each  county,  as 
shown  by  the  report  of  the  county  superintendent  for  the  pre- 
ceding year. 

Apportionment  in  County. — The  county  superintendent  is 
required  to  apportion  the  state  and  county  school  funds 
among  the  several  school  districts  of  the  county,  within  ten 
days  following  the  receipt  of  the  notice  of  the  amount  ap- 
portioned to  his  counties  by  the  state  superintendent.  It  is 
his  duty  to  notify  the  county  treasurer  of  the  amount  appor- 
tioned to  each  district,  and  a  statement  of  the  amount  each 
district  is  to  receive  is  also  sent  to  the  clerk  of  the  district. 

Board  of  Education. — The  county  board  of  education  of 
each  county  in  the  state  of  Washington  consists  of  the  county 
superintendent,  who  is  ex  officio  chairman,  and  four  members 
appointed  by  him  for  a  term  of  two  years.  Each  member 
must  be  the  holder  of  a  valid  teachers'  certificate  in  this  state. 
The  compensation  of  the  appointive  members  is  five  dollars 
a  day  and  traveling  expenses. 

Duties. — This  board  is  required  to  grade  the  manuscripts 
of  pupils  who  are  examined  for  grammar  school  and  eighth 
grade  certificates.  It  also  adopts  textbooks  for  use  in  certain 
schools  of  the  county,  and  assists  the  county  superintendent 
in  preparing  manuals,  courses  of  study,  and  rules  a^nd  regula.- 
tions  for  circulating  libraries, 


COUNTY  GOVERNMENT  61 

PART  IV 

County  Surveyor. — The  duties  of  the  county  surveyor  are 
very  important  in  locating  the  boundaries  of  the  different 
divisions  of  land  as  established  by  government  survey. 
About  the  first  thing  done  in  a  new  county  in  its  earliest 
history  was  the  official  survey  of  its  land  by  authority  of  the 
United  States  government.  At  the  time  of  that  survey,  a 
careful  record  was  made  of  all  boundary  lines,  section  corners, 
and  measurements.  These  records  are  called  field  notes  of 
tlu-  >ur\Ty,  and  they  are  now  used  by  the  county  surveyor  as 
the  bases  of  surveys  made  by  him. 

Surveys. — He  makes  all  surveys  of  land  in  his  county, 
which  may  be  required  of  him,  and  his  surveys  are  considered 
to  be  correct.  He  is  required  to  establish  the  corners  of 
sections  and  other  divisions  of  land  by  the  aid  of  trees,  or  by 
fixing  stones  firmly  in  the  earth,  or  by  mounds.  Sometimes 
the  original  markers  of  section  corners  are  destroyed,  but  the 
field  notes  of  the  survey  enable  the  county  surveyor  to  locate 
the  corners  by  measurements. 

Plat. — When  requested  to  do  so,  he  must  furnish  the  per- 
son for  whom  any  survey  is  made,  a  copy  of  the  field  notes 
and  a  plat  of  the  survey.  The  record  and  plat  must  show  dis- 
tinctly of  what  piece  of  land  it  is  a  survey,  at  whose  request  it 
was  made,  the  names  of  the  chainmen,  and  the  date  of  the  sur- 
vey. The  chainmen  are  the  persons  who  make  the  measure- 
ments by  the  aid  of  the  surveyor's  chain.  They  must  be  disin- 
terested persons,  approved  by  the  surveyor,  and  sworn  to  make 
just  and  impartial  measurements  to  the  best  of  their  ability. 

Pay. — The  county  surveyor  is  not  paid  a  fixed  salary,  but 
any  person  employing  him  pays  him  fees  as  required  by  law. 
He  may  charge  five  dollars  a  day  for  each  day  spent  in  mak- 
ing the  survey,. and  for  the  time  spent  in  going  to  and  return- 


62  WASHINGTON 

ing  from  the  place  where  the  survey  is  made.  He  is  also 
permitted  to  charge  for  a  certified  copy  of  the  plat  of  the 
survey  and  the  field  notes  belonging  thereto. 

Coroner. — It  is  the  duty  of  the  county  coroner  to  perform 
all  the  duties  of  the  sheriff  in  any  proceedings  in  any  court  of 
record  when  the  sheriff  is  an  interested  party.  He  also  acts  as 
sheriff  when  there  is  no  sheriff,  or  when,  for  any  reason,  that 
officer  is  unable  to  attend  to  the  duties  of  his  office. 

Inquest. — The  chief  duty  of  the  coroner,  however,  is  to 
hold  inquests  upon  the  bodies  of  those  persons  who  are 
supposed  to  have  died  by  unlawful  means.  Upon  receiving 
notice  that  such  a  body  has  been  found  in  his  county,  he  is 
required  to  go  at  once  to  the  place  where  the  body  is,  and 
immediately  summon  six  persons,  competent  to  act  as  jurors, 
to  determine,  if  possible,  the  cause  of  the  death.  The  coroner 
may  summon  witnesses,  and  both  jurors  and  witnesses  are 
sworn  to  the  faithful  performance  of  the  duties  devolving 
upon  them.  The  testimony  given  at  the  inquest  is  reduced 
to  writing  and  signed  by  the  witnesses.  The  jurors,  having 
viewed  the  body,  heard  the  testimony,  and  made  all  needful 
inquiries,  return  to  the  coroner,  in  writing,  the  result  of  their 
investigations.  The  jury  may  consist  of  four  or  more  of  the 
six  persons  summoned  by  the  coroner  for  that  purpose. 

Proceedings  after  an  Inquest. — If  it  is  found,  at  the  in- 
quest, that  a  crime  had  been  committed  on  the  deceased, 
from  which  death  resulted,  and  the  evidence  is  sufficient  to 
justify  the  jury  in  naming  the  guilty  person,  the  coroner 
proceeds  to  secure  his  arrest,  if  possible,  before  the  proceed- 
ings are  made  public.  The  body  is  delivered  to  the  friends  of 
the  deceased  by  the  coroner,  but  when  there  are  no  friends  and 
no  property,  the  expenses  of  the  inquest  and  burial  are  paid 
out  of  the  county  treasury.  If,  for  any  reason,  the  coroner 


COUNTY  GOVERNMENT  63 

is  unable  to  hold  an  inquest  when  one  is  necessary,  that  duty 
may  be  performed  by  any  justice  of  the  peace  in  the  county. 

Pay. — The  coroner  is  allowed  a  fee  of  ten  dollars  for  each  in- 
quest held,  one  dollar  for  drawing  a  jury,  and  ten  cents  a  mile 
for  the  actual  distance  traveled  by  him  in  the  discharge  of  his 
duties.  In  some  of  the  larger  counties,  he  is  allowed  a  small  sal- 
ary in  addition  to  the  fees  of  his  office.  When  acting  as  sher- 
iff, he  receives  the  same  pay  as  that  officer  for  the  work  done. 

Prosecuting  Attorney. — The  prosecuting  attorney  acts  as 
the  legal  adviser  of  the  officers  of  the  county  in  which  he  is 
chosen,  and  it  is  also  his  duty  to  appear  for  the  state  in  the 
prosecution  of  criminals,  and  to  represent  the  county  in  all 
civil  and  criminal  actions  in  which  either  the  state  or  the 
county  is  a  party.  He  may  appoint  one  or  more  deputies, 
subject  to  the  approval  of  the  board  of  county  commissioners. 
It  is  the  duty  of  the  prosecuting  attorney  to  examine  the  rec- 
ords and  books  of  the  other  county  officers  and  report  to  the 
county  commissioners  any  failure  on  the  part  of  any  officer  of 
the  county  to  perform  the  duties  of  his  office  as  required  by 
law.  The  salary  of  the  prosecuting  attorney  varies  from  one 
hundred  and  fifty  dollars  a  year  in  the  least  populous  counties 
to  three  thousand  dollars  a  year  in  counties  of  the  first  class. 

Notary  Public. — A  notary  public  is  not  properly  a  county 
officer,  although  his  duties  are  local  in  a  sense.  Notaries 
public  are  appointed  by  the  governor,  on  the  application  of 
twenty  freeholders  of  the  county  in  which  the  appointment  is 
to  be  made,  and  the  appointment  is  for  the  state.  Any 
qualified  elector  of  the  state  may  be  appointed  a  notary 
public,  and  the  term  of  office  is  four  years. 

«  General  Provisions. — Each  notary  public  is  required  to 
e  a  bond  for  one  thousand  dollars,  with  sureties  to  be 
approved  by  the  county  clerk  of  the  county  in  which  he  re- 


64  WASHINGTON 

sides.  The  fee  for  appointment  as  notary  public  is  ten  dol- 
lars, which  is  paid  into  the  special  library  fund  of  the  state. 
Each  notary  public  is  required  to  obtain  a  seal  upon  which 
are  engraved  the  words  "Notary  Public"  and  "State  of 
Washington,"  the  date  his  commission  will  expire,  his  sur- 
name in  full,  and  at  least  the  initials  of  his  given  name.  He 
is  paid  entirely  by  fees  for  the  work  done. 

Powers. — A  notary  public  may  administer  oaths,  take 
the  acknowledgment  of  signatures  to  deeds,  mortgages,  wills, 
and  other  legal  documents,  and  perform  certain  other  duties 
of  like  character.  He  is  required  to  stamp  with  his  official 
seal  all  papers  of  which  he  takes  acknowledgments.  He  also 
certifies  concerning  signatures  in  the  following  manner. 

STATE  OF  WASHINGTON,    ) 

r  SS. 
county.         ) 

I, ,  a  notary  public  in  and  for  said  county  and  state,  do  hereby 

certify  that  on  this day  of ,  A.  D.  19^,  personally  appeared 

before  me  A —      -  B and  C D —    — ,  to  me  known  to 

be  the  individuals  described  in  and  who  executed  the  within  instru- 
ment, and  acknowledged  that  they  signed  and  sealed  the  same  as  their 
free  and  voluntary  act  and  deed,  for  the  uses  and  purposes  therein 
mentioned. 

Witness  my  hand  and  official  seal,  the  day  and  year  in  this  certificate 
first  above  written. 

E_      _F f 

(Notary  Public  Seal.)  Residing  at ,  Washington. 


O 

C 


b 
o 
u 


ALARY 

en 

Q 

•S 

Q 

1 

x  2 

Sg 

u 

g 

w 

a 

K 

PRESE 

OFFICER 

Commissioners 

1 

Auditor 

Treasurer 

"S 

0 

"c 

1 

« 

C/) 

1 

H-  » 
IH 

U} 

1 

"o 

I 

1 

Coroner 

Prosecuting  Atty. 

65 


CHAPTER  VII 
STATE  GOVERNMENT;  THE  CONSTITUTION 

Nature  of  Constitution. — Before  discussing  the  depart- 
ments of  government,  it  will  be  well  to  learn  something  of  the 
nature  of  a  constitution,  as  well  as  the  history  of  the  con- 
stitution of  our  own  state.  The  constitution  of  a  state  is 
often  called  its  fundamental  law,  because  all  laws  passed  by 
the  legislature  must  be  based  upon  it,  and  no  valid  law  can  be 
passed  in  violation  of  its  provisions.  It  is  in  the  nature  of  a 
contract  between  the  state  government  and  its  people, 
whereby  the  powers  of  the  former  are  defined,  and  the  rights 
of  the  latter  maintained. 

Proposed  Constitution  of  1878. — As  early  as  1867,  the 
people  of  the  territory  of  Washington  began  to  seek  the  ad- 
mission of  Washington  into  the  Union  as  a  state.  Several  at- 
tempts were  made  by  the  legislature  of  the  territory  to  secure 
the  drafting  of  a  state  constitution  to  be  submitted  to  con- 
gress, but  it  was  not  until  June,  1878,  that  the  first  constitu- 
tional convention  was  held.  The  convention  met  at  Walla 
Walla,  and  remained  in  session  about  seven  weeks.  The 
constitution  drafted  by  this  convention  was  ratified  by  the 
people  at  the  next  general  election,  but  congress,  in  1879,  re- 
fused to  admit  the  state,  so  this  constitution  never  went  into 
effect. 

Present  Constitution. — On  February  22, 1889,  the  enabling 
act  for  the  organization  of  Washington  as  a  state  was  approved 

66 


THE  STATE  CONSTITUTION  67 

by  President  Cleveland.  This  act  directed  the  governor  of 
the  territory  to  call  a  convention  of  delegates  to  draft  a  new 
constitution.  The  same  enabling  act  provided  for  the 
admission  of  North  Dakota,  South  Dakota,  and  Montana. 
Members  of  the  constitutional  convention  were  elected  in  May, 
and  on  July  4  the  convention  met.  The  session  lasted  fifty 
days,  and  resulted  in  the  drafting  of  the  present  constitution 
of  the  state  of  Washington.  The  constitution  was  submitted 
to  the  people  of  the  territory  for  adoption  or  rejection  on  the 
first  Tuesday  in  October  following.  By  a  vote  of  nearly  four 
to  one,  the  constitution  was  ratified  by  the  people,  and  on 
November  n,  1889,  the  state  of  Washington  was  admitted 
into  the  Union.  This  constitution,  with  amendments  adopted 
since  then,  reads  as  follows: 

STATE  CONSTITUTION 

PREAMBLE 

We,  the  People  of  the  State  of  Washington,  Grateful  to  the  Supreme 
KuU-r  of  the  Universe  for  Our  Liberties,  Do  Ordain  this  Constitution. 

ARTICLE  I— DECLARATION  OF  RIGHTS 

Section  i.  All  political  power  is  inherent  in  the  people,  and  govern- 
ments derive  their  just  powers  from  the  consent  of  the  governed,  and 
are  established  to  protect  and  maintain  individual  rights. 

Sec.  2.  The  constitution  of  the  United  States  is  the  supreme  law  of 
the  land. 

Sec.  3.  No  person  shall  be  deprived  of  life,  liberty  or  property  with- 
out due  process  of  law. 

Sec.  4.  The  right  of  petition,  and  of  the  people  peaceably  to  assemble 
for  the  common  good,  shall  never  be  abridged. 

Sec.  5.  Every  person  may  freely  speak,  write  and  publish  on  all 
subjects,  being  responsible  for  the  abuse  of  that  right. 

Sec.  6.  The  mode  of  administering  an  oath,  or  affirmation,  shall  be 
Washington — 5 


68  WASHINGTON 

such  as  may  be  consistent  with  and  binding  upon  the  conscience  of  the 
person  to  whom  such  oath,  or  affirmation,  may  be  administered. 

Sec.  7.  No  person  shall  be  disturbed  in  his  private  affairs,  or  his 
home  invaded,  without  authority  of  law. 

Sec.  8.  No  law  granting  irrevocably  any  privilege,  franchise  or 
immunity  shall  be  passed  by  the  legislature. 

Sec.  9.  No  person  shall  be  compelled  in  any  criminal  case  to  give 
evidence  against  himself,  or  be  twice  put  in  jeopardy  for  the  same  offense. 

Sec.  10.  Justice  in  all  cases  shall  be  administered  openly,  and  without 
unnecessary  delay. 

Sec.  ii.  Absolute  freedom  of  conscience  in  all  matters  of  religious 
sentiment,  belief  and  worship,  shall  be  guaranteed  to  every  individual, 
and  no  one  shall  be  molested  or  disturbed  in  person  or  property  on 
account  of  religion,  but  the  liberty  of  conscience  hereby  secured  shall 
not  be  so  construed  as  to  excuse  acts  of  licentiousness,  or  justify  prac- 
tices inconsistent  with  the  peace  and  safety  of  the  state.  No  public 
money  or  property  shall  be  appropriated  for  or  applied  to  any  religious 
worship,  exercise  or  instruction,  or  the  support  of  any  religious  estab- 
lishment. No  religious  qualification  shall  be  required  for  any  public 
office  or  employment,  nor  shall  any  person  be  incompetent  as  a  witness 
or  juror  in  consequence  of  his  opinion  on  matters  of  religion,  nor  be 
questioned  in  any  court  of  justice  touching  his  religious  belief  to  affect 
the  weight  of  his  testimony. 

Sec.  12.  No  law  shall  be  passed  granting  to  any  citizen,  class  of 
citizens,  or  corporation  other  than  municipal,  privileges  or  immunities 
which  upon  the  same  terms  shall  not  equally  belong  to  all  citizens  or 
corporations. 

Sec.  13.  The  privilege  of  the  writ  of  habeas  corpus  shall  not  be 
suspended  unless  in  case  of  rebellion  or  invasion  the  public  safety 
requires  it. 

Sec.  14.  Excessive  bail  shall  not  be  required,  excessive  fines  imposed, 
nor  cruel  punishment  inflicted. 

Sec.  15.  No  conviction  shall  work  corruption  of  blood,  nor  forfeiture 
of  estate. 

Sec.  16.  Private  property  shall  not  be  taken  for  private  use,  except  for 
private  ways  of  necessity,  and  for  drains,  flumes  or  ditches  on  or  across 
the  lands  of  others  for  agricultural,  domestic  or  sanitary  purposes.  No 
private  property  shall  be  taken  or  damaged  for  public  or  private  use 


THE  STATE  CONSTITUTION  69 

without  just  compensation  having  been  first  made,  or  paid  into  court 
for  the  owner,  and  no  right-of-way  shall  be  appropriated  to  the  use  of 
any  corporation  other  than  municipal,  until  full  compensation  therefor 
be  first  made  in  money,  or  ascertained  and  paid  into  the  court  for  the 
owner,  irrespective  of  any  benefit  from  any  improvement  proposed  by 
such  corporation,  which  compensation  shall  be  ascertained  by  a  jury,  un- 
less a  jury  be  waived  as  in  other  civil  cases  in  courts  of  record,  in  the  man- 
ner prescribed  by  law.  Whenever  an  attempt  is  made  to  take  private 
property  for  a  use  alleged  to  be  public,  the  question  whether  the  con- 
templated use  be  really  public  shall  be  a  judicial  question,  and  deter- 
mined as  such  without  regard  to  any  legislative  assertion  that  the  use 
is  public. 

Sec.  17.  There  shall  be  no  imprisonment  for  debt,  except  in  cases  of 
absr< Hiding  drbtors. 

Sec.  18.  The  military  shall  l>e  in  strict  subordination  to  the  civil  power. 

Sec.  19.  All  elections  shall  be  free  and  equal,  and  no  power,  civil  or 
military,  shall  at  any  time  interfere  to  prevent  the  free  exercise  of  the 
right  of  sulTragr. 

Sec.  20.  All  persons  charged  with  crimes  shall  be  bailable  by  sufficient 
surrtks,  rxa-pt  for  capital  offenses,  when  the  proof  is  evident  or  the 
presumption  ^rcat. 

Sec.  21.  The  right  of  trial  by  jury  shall  remain  inviolate,  but  the 
K-iiislatuije  may  provide  for  a  jury  of  any  number  less  than  twelve  in 
courts  not  of  record,  and  for  a  verdict  of  nine  or  more  jurors  in  civil 
cases  in  any  court  of  record,  and  for  waiving  of  the  jury  in  civil  cases 
win-re  the  consent  of  the  parties  interested  is  given  thereto. 

Sec.  22  In  criminal  prosecutions,  the  accused  shall  have  the  right  to 
apjH-ar  and  defend  in  person  and  by  counsel,  to  demand  the  nature  and 
cause  of  the  accusation  against  him,  to  have  a  copy  thereof,  to  testify 
in  his  own  behalf,  to  meet  the  witnesses  against  him  face  to  face,  to 
have  compulsory  process  to  compel  the  attendance  of  witnesses  in  his 
own  behalf,  to  have  a  speedy  public  trial  by  an  impartial  jury  of  the 
county  in  which  the  offense  is  alleged  to  have  been  committed,  and  the 
right  to  appeal  in  all  cases;  and  in  no  instance  shall  any  accused  person 
before  final  judgment  be  compelled  to  advance  money  or  fees  to  secure 
the  rights  herein  guaranteed. 

Sec.  23.  No  bill  of  attainder,  ex  post  facto  law,  or  law  impairing 
the  obligations  of  contracts  shall  ever  be  passed. 


70  WASHINGTON 

Sec.  24.  The  right  of  the  individual  citizen  to  bear  arms  in  defense 
of  himself  or  the  state  shall  not  be  impaired,  but  nothing  in  this  section 
shall  be  construed  as  authorizing  individuals  or  corporations  to  organ- 
ize, maintain  or  employ  an  armed  body  of  men. 

Sec.  25.  Offenses  heretofore  required  to  be  prosecuted  by  indict- 
ment may  be  prosecuted  by  information  or  by  indictment  as  shall  be 
prescribed  by  law. 

Sec.  26.  No  grand  jury  shall  be  drawn  or  summoned  in  any  county, 
except  the  superior  judge  thereof  shall  so  order. 

Sec.  27.  Treason  against  the  state  shall  consist  only  in  levying  war 
against  the  state,  or  adhering  to  its  enemies,  or  in  giving  them  aid  and 
comfort.  No  person  shall  be  convicted  of  treason  unless  on  the  testimony 
of  two  witnesses  to  the  same  overt  act,  or  confession  in  open  court. 

Sec.  28.  No  hereditary  emoluments,  privileges  or  powers  shall  be 
granted  or  conferred  in  this  state. 

Sec.  29.  The  provisions  of  this  constitution  are  mandatory  unless 
by  express  words  they  are  declared  to  be  otherwise. 

Sec.  30.  The  enumeration  in  this  constitution  of  certain  rights  shall 
not  be  construed  to  deny  others  retained  by  the  people. 

Sec.  31.  No  standing  army  shall  be  kept  up  by  this  state  in  time  of 
peace,  and  no  soldiers  shall  in  time  of  peace  be  quartered  in  any  house 
without  the  consent  of  its  owner,  nor  in  time  of  war  except  in  the  manner 
prescribed  by  law. 

Sec.  32.  A  frequent  recurrence  to  fundamental  principles  is  essen- 
tial to  the  security  of  individual  right  and  the  perpetuity  of  free  govern- 
ment 

ARTICLE  II— LEGISLATIVE  DEPARTMENT 

Section  i.  The  legislative  powers  shall  be  vested  in  a  senate  and 
house  of  representatives,  which  shall  be  called  the  legislature  of  the 
state  of  Washington. 

Sec.  2.  The  house  of  representatives  shall  be  composed  of  not  less 
than  sixty-three  nor  more  than  ninety-nine  members.  The  number  of 
senators  shall  not  be  more  than  one  half  nor  less  than  one  third  of  the 
number  of  members  of  the  house  of  representatives.  The  first  legis- 
lature shall  be  composed  of  seventy  members  of  the  house  of  repre- 
sentatives and  thirty-five  senators. 

Sec.  3.  The   legislature   shall   provide  by  law  for  an  enumeration 


THE  STATE  CONSTITUTION  71 

of  the  inhabitants  of  the  state  in  the  year  one  thousand  eight  hundred 
and  ninety-five,  and  every  ten  years  thereafter;  and  at  the  first  session 
after  such  enumeration,  and  also  after  each  enumeration  made  by  the 
authority  of  the  United  States,  the  legislature  shall  apportion  and  dis- 
trict anew  the  members  of  the  senate  and  house  of  representatives, 
according  to  the  number  of  inhabitants,  excluding  Indians  not  taxed, 
soldiers,  sailors  and  officers  of  the  United  States  army  and  navy  in 
active  service. 

Sec.  4.  Members  of  the  house  of  representatives  shall  be  elected 
in  the  year  eighteen  hundred  and  eighty-nine,  at  the  time  and  in  the 
manner  provided  by  this  constitution,  and  shall  hold  their  offices  for 
the  term  of  one  year  and  until  their  successors  shall  be  elected. 

Sec.  5.  The  next  election  of  the  members  of  the  house  of  repre- 
sentatives after  the  adoption  of  this  constitution  shall  be  on  the  first 
Tuesday  after  the  first  Monday  of  November,  eighteen  hundred  and 
ninety,  and  thereafter  members  of  the  house  of  representatives  shall 
be  elected  biennially,  and  their  term  of  office  shall  be  two  years;  and 
each  election  shall  be  on  the  first  Tuesday  after  the  first  Monday  in 
November,  unless  otherwise  changed  by  law. 

Sec.  6.  After  the  first  election  the  senators  shall  be  elected  by  single 
districts  of  convenient  and  contiguous  territory  at  the  same  time  and 
in  the  same  manner  as  members  of  the  house  of  representatives  are 
required  to  be  elected,  and  no  representative  district  shall  be  divided 
in  the  formation  of  a  senatorial  district.  They  shall  be  elected  for  the 
term  of  four  years,  one  half  of  their  number  retiring  every  two  years. 
The  senatorial  districts  shall  be  numbered  consecutively,  and  the  sena- 
tors chosen  at  the  first  election  had  by  virtue  of  this  constitution,  in  odd- 
numbered  districts,  shall  go  out  of  office  at  the  end  of  the  first  year,  and 
the  senators  elected  in  the  even-numbered  districts  shall  go  out  of  office 
at  the  end  of  the  third  year. 

Sec.  7.  No  person  shall  be  eligible  to  the  legislature  who  shall  not 
be  a  citizen  of  the  United  States  and  a  qualified  voter  in  the  district  for 
which  he  is  chosen. 

Sec.  8.  Each  house  shall  be  the  judge  of  the  election,  returns,  and 
qualifications  of  its  own  members,  and  a  majority  of  each  house  shall 
constitute  a  quorum  to  do  business,  but  a  smaller  number  may  adjourn 
from  day  to  day  and  may  compel  the  attendance  of  absent  members  in 
such  manner  and  under  such  penalties  as  each  house  may  provide. 


72  WASHINGTON 

Sec.  9.  Each  house  may  determine  the  rules  of  its  own  proceedings, 
punish  for  contempt  and  disorderly  behavior,  and,  with  the  concurrence 
of  two  thirds  of  all  the  members  elected,  expel  a  member,  but  no  member 
shall  be  expelled  a  second  time  for  the  same  offense. 

Sec.  10.  Each  house  shall  elect  its  own  officers,  and  when  the  lieu- 
tenant governor  shall  not  attend  as  president,  or  shall  act  as  governor, 
the  senate  shall  choose  a  temporary  president.  When  presiding,  the 
lieutenant  governor  shall  have  the  deciding  vote  in  case  of  an  equal 
division  of  the  senate. 

Sec.  ii.  Each  house  shall  keep  a  journal  of  its  proceedings  and  pub- 
lish the  same,  except  such  parts  as  require  secrecy.  The  doors  of  each 
house  shall  be  kept  open,  except  when  the  public  welfare  shall  require 
secrecy.  Neither  house  shall  adjourn  for  more  than  three  days,  nor  to 
any  place  other  than  that  in  which  they  may  be  sitting,  without  the 
consent  of  the  other. 

Sec.  12.  The  first  legislature  shall  meet  on  the  first  Wednesday  after 
the  first  Monday  in  November,  A.  D.  1889.  The  second  legislature 
shall  meet  on  the  first  Wednesday  after  the  first  Monday  in  Janu- 
ary, A.  D.  1891,  and  sessions  of  the  legislature  will  be  held  biennially 
thereafter,  unless  specially  convened  by  the  governor,  but  the  times  of 
meeting  of  subsequent  sessions  may  be  changed  by  the  legislature. 
After  the  first  legislature  the  sessions  shall  not  be  more  than  sixty  days. 

Sec.  13.  No  member  of  the  legislature,  during  the  term  for  which 
he  is  elected,  shall  be  appointed  or  elected  to  any  civil  office  in  the  state, 
which  shall  have  been  created,  or  the  emoluments  of  which  shall  have 
been  increased,  during  the  term  for  which  he  was  elected. 

Sec.  14.  No  person,  being  a  member  of  congress,  or  holding  any 
civil  or  military  office  under  the  United  States  or  any  other  power, 
shall  be  eligible  to  be  a  member  of  the  legislature;  and  if  any  person 
after  his  election  as  a  member  of  the  legislature  shall  be  elected  to 
congress  or  be  appointed  to  any  other  office,  civil  or  military,  under  the 
government  of  the  United  States,  or  any  other  power,  his  acceptance 
thereof  shall  vacate  his  seat:  Provided,  That  officers  of  the  militia  of 
the  state  who  receive  no  annual  salary,  local  officers  and  postmasters, 
whose  compensation  does  not  exceed  three  hundred  dollars  per  annum, 
shall  not  be  ineligible. 

Sec.  15.  The  governor  shall  issue  writs  of  election  to  fill  such  va- 
cancies as  may  occur  in  either  house  of  the  legislature. 


THE  STATE  CONSTITUTION 


73 


Sec.  16.  Members  of  the  legislature  shall  be  privileged  from  arrest 
in  all  cases  except  treason,  felony  and  breach  of  the  peace;  they  shall 
not  be  subject  to  any  civil  process  during  the  session  of  the  legislature, 
nor  for  fifteen  days  next  before  the  commencement  of  each  session. 

Sec.  17.  No  member  of  the  legislature  shall  be  liable  in  any  civil 
action  or  criminal  prosecution  whatever  for  words  spoken  in  debate. 

Sec.  18.  The  style  of  the  laws  of  the  state  shall  be:  "Be  it  enacted 
by  the  legislature  of  the  state  of  Washington."  And  no  law  shall  be 
enacted  except  by  bill. 

Sec.  19.  No  bill  shall  embrace  more  than  one  subject,  and  that  shall 
be  expressed  in  the  title. 

Sec.  20.  Any  bill  may  originate  in  either  house  of  the  legislature, 
and  a  bill  passed  by  one  house  may  be  amended  in  the  other. 

Sec.  21.  The  yeas  and  nays  of  the  members  of  either  house  shall  be 
entered  on  the  journal  on  the  demand  of  one  sixth  of  tv;  members 
present. 

Sec.  22.  No  bill  shall  become  a  law  unless  on  its  final  passage  the 
vote  be  taken  by  yeas  and  nays,  the  names  of  the  members  voting  for 
and  against  the  same  be  entered  on  the  journal  of  each  house,  and  a 
majority  of  the  members  elected  to  each  house  be  recorded  thereon  as 
voting  in  its  favor. 

Sec.  23.  Each  member  of  the  legislature  shall  receive  for  his  serv- 
ices five  dollars  for  each  day's  attendance  during  the  session,  and  ten 
cents  for  every  mile  he  shall  travel  in  going  to  and  returning  from  the 
place  of  meeting  of  the  legislature,  on  the  most  usual  route. 

Sec.  24.  The  legislature  shall  never  authorize  any  lottery  or  grant 
any  divorce. 

Sec.  25.  The  legislature  shall  never  grant  any  extra  compensation 
to  any  public  officer,  agent,  servant  or  contractor  after  the  services 
shall  have  been  rendered  or  the  contract  entered  into,  nor  shall  the 
compensation  of  any  public  officer  be  increased  or  diminished  during 
his  term  of  office. 

Sec.  26.  The  legislature  shall  direct  by  law  in  what  manner  and  in 
what  courts  suits  may  be  brought  against  the  state. 

Sec.  27.  In  all  elections  by  the  legislature  the  members  shall  vote 
viva  voce,  and  their  votes  shall  be  entered  on  the  journal. 

Sec.  28.  The  legislature  is  prohibited  from  enacting  any  private  or 
special  law  in  the  following  cases: 


74 


WASHINGTON 


1.  For  changing  the  names  of  persons,  or  constituting  one  person  the 
heir  at  law  of  another. 

2.  For  laying  out,  opening  or  altering  highways,  except  in  cases  of 
state  roads  extending  into  more  than  one  county,  and  military  roads,  to 
aid  in  the  construction  of  which  lands  shall  have  been  or  may  be  granted 
by  congress. 

3.  For  authorizing  persons  to  keep  ferries  wholly  within  this  state. 

4.  For  authorizing  the  sale  or  mortgage  of  real  or  personal  prop- 
erty of  minors,  or  others  under  disability. 

5.  For  assessment  or  collection  of  taxes,  or  for  extending  the  time 
of  collection  thereof. 

6.  For  granting  corporate  powers  or  privileges. 

7.  For  authorizing  the  apportionment  of  any  part  of  the  school 
fund. 

8.  For  incorporating  any  town  or  village,  or  to  amend  the  charter 
thereof. 

9.  From  giving  effect  to  invalid  deeds,  wills  or  other  instruments. 

10.  Releasing  or  extinguishing,  in  whole  or  in  part,  the  indebtedness, 
liability  or  other  obligation  of  any  person  or  corporation  to  this  state,  or 
to  any  municipal  corporation  therein. 

11.  Declaring  any  person  of  age,  or  authorizing  any  minor  to  sell, 
lease  or  encumber  his  or  her  property. 

12.  Legalizing,   except   as  against  the  state,   the  unauthorized  or 
invalid  act  of  any  officer. 

13.  Regulating  the  rates  of  interest  on  money. 

14.  Remitting  fines,  penalties  or  forfeitures. 

15.  Providing  for  the  management  of  common  schools 

16.  Authorizing  the  adoption  of  children. 

17.  For  limitation  of  civil  or  criminal  action. 

18.  Changing  county  lines,  locating  or  changing  county  seats:    Pro- 
vided,   This  shall  not  be  construed  to  apply  to  the  creation  of  new 
counties. 

Sec.  29.  After  the  first  day  of  January,  eighteen  hundred  and  ninety, 
the  labor  of  convicts  of  this  state  shall  not  be  let  out  by  contract  to  any 
person,  copartnership,  company  or  corporation,  and  the  legislature 
shall  by  law  provide  for  the  working  of  convicts  for  the  benefit  of  the 
state. 

Sec.  30.  The  offense  of  corrupt  solicitation  of  members  of  the  legis- 


THE  STATE  CONSTITUTION  75 

lature,  or  of  public  officers  of  the  state  or  any  municipal  division  thereof, 
and  any  occupation  or  practice  of  solicitation  of  such  members  or  officers 
to  influence  their  official  action,  shall  be  denned  by  law,  and  shall  be 
punished  by  fine  and  imprisonment.  Any  person  may  be  compelled  to 
testify  in  any  lawful  investigation  or  judicial  proceeding  against  any 
person  who  may  be  charged  with  having  committed  the  offense  of 
bribery  or  corrupt  solicitation,  or  practice  of  solicitation,  and  shall  not 
be  permitted  to  withhold  his  testimony  on  the  ground  that  it  may  crim- 
inate himself  or  subject  him  to  public  infamy,  but  such  testimony  shall 
not  afterwards  be  used  against  him  in  any  judicial  proceeding  —  except 
for  perjury  in  giving  such  testimony  —  and  any  person  convicted  of 
either  of  the  offenses  aforesaid,  shall,  as  part  of  the  punishment  therefor, 
be  disqualified  from  ever  holding  any  position  of  honor,  trust  or  profit 
in  this  state.  A  member  who  has  a  private  interest  in  any  bill  or  measure 
proposed  or  pending  before  the  legislature  shall  disclose  the  fact  to  the 
hoiiM  of  which  he  is  a  member,  and  shall  not  vote  thereon. 

Sec.  31.  No  law,  except  appropriation  bills,  shall  take  effect  until 
ninety  days  after  the  adjournment  of  the  session  at  which  it  was  enacted, 
unless  in  case  of  an  emergency  (which  emergency  must  be  expressed  in 
the  preamble  or  in  the  body  of  the  act)  the  legislature  shall  otherwise 
clirert  by  vote  of  two  thirds  of  all  the  members  elected  to  each  house; 
said  vote  to  be  taken  by  yeas  and  nays  and  entered  on  the  journals. 

Sec.  32.  No  bill  shall  tocome  a  law  until  the  same  shall  have  been 
signed  by  the  presiding  officer  of  each  of  the  two  houses  in  open  session, 
and  under  such  rules  as  the  legislature  shall  prescribe. 

Sec.  33.  The  ownership  of  lands  by  aliens,  other  than  those  who  in 
good  faith  have  declared  their  intention  to  become  citizens  of  the  United 
States,  is  prohibited  in  this  state,  except  where  acquired  by  inheritance, 
under  mortgage  or  in  good  faith  in  the  ordinary  course  of  justice  in  the 
collection  of  debts;  and  all  conveyances  of  lands  hereafter  made  to  any 
alien  directly,  or  in  trust  for  such  alien,  shall  be  void:  Provided,  That 
the  provisions  of  this  section  shall  not  apply  to  lands  containing  valuable 
deposits  of  minerals,  metals,  iron,  coal  or  fire  clay,  and  the  necessary 
land  for  mills  and  machinery  to  be  used  in  the  development  thereof  and 
the  manufacture  of  the  products  therefrom.  Every  corporation,  the 
majority  of  the  capital  stock  of  which  is  owned  by  aliens,  shall  be  con- 
sidered an  alien  for  the  purpose  of  this  prohibition. 

Sec.  34.  There  shall  be  established  in  the  office  of  the  secretary  of 


76  WASHINGTON 

state,  a  bureau  of  statistics,  agriculture  and  immigration,  under  such 
regulations  as  the  legislature  may  provide. 

Sec.  35.  The  legislature  shall  pass  necessary  laws  for  the  protection 
of  persons  working  in  mines,  factories  and  other  employments  danger- 
ous to  life  and  deleterious  to  health;  and  fix  pains  and  penalties  for  the 
enforcement  of  the  same. 

Sec.  36.  No  bill  shall  be  considered  in  either  house  unless  the  time 
for  its  introduction  shall  have  been  at  least  ten  days  before  the  final 
adjournment  of  the  legislature,  unless  the  legislature  shall  otherwise 
direct  by  a  vote  of  two  thirds  of  all  the  members  elected  to  each  house, 
said  vote  to  be  taken  by  yeas  and  nays 'and  entered  upon  the  journal, 
or  unless  the  same  be  at  a  special  session. 

Sec.  37.  No  act  shall  ever  be  revised  or  amended  by  mere  reference  to 
its  title,  but  the  act  revised  or  the  section  amended  shall  be  set  forth  at 
full  length. 

Sec.  38.  No  amendment  to  any  bill  shall  be  allowed  which  shall 
change  the  scope  or  object  of  the  bill. 

Sec.  39.  It  shall  not  be  lawful  for  any  person  holding  public  office  in 
this  state  to  accept  or  use  a  pass  or  to  purchase  transportation  from  any 
railroad  or  other  corporation,  other  than  as  the  same  may  be  purchased 
by  the  general  public,  and  the  legislature  may  pass  laws  to  enforce 
this  provision. 

ARTICLE  III— THE  EXECUTIVE 

Section  i.  The  executive  department  shall  consist  of  a  governor,  lieu- 
tenant governor,  secretary  of  state,  treasurer,  auditor,  attorney-general, 
superintendent  of  public  instruction,  and  a  commissioner  of  public  lands, 
who  shall  be  severally  chosen  by  the  qualified  electors  of  the  state 
at  the  same  time  and  place  of  voting  as  for  the  members  of  the  legis- 
lature. 

Sec.  2.  The  supreme  executive  power  of  this  state  shall  be  vested 
in  a  governor,  who  shall  hold  his  office  for  a  term  of  four  years,  and 
until  his  successor  is  elected  and  qualified. 

Sec.  3.  The  lieutenant  governor,  secretary  of  state,  treasurer,  auditor, 
attorney-general,  superintendent  of  public  instruction,  and  commissioner 
of  public  lands,  shall  hold  their  offices  for  four  years,  respectively,  ancj 
until  their  successors  are  elected  and  qualified. 


THE  STATE  CONSTITUTION  77 

Sec.  4.  The  returns  of  every  election  for  the  officers  named  in  the 
first  section  of  this  article  shall  be  sealed  up  and  transmitted  to  the 
seat  of  government  by  the  returning  officers,  directed  to  the  secretary 
of  state,  who  shall  deliver  the  same  to  the  speaker  of  the  house  of 
representatives  at  the  first  meeting  of  the  house  thereafter,  who  shall 
open,  publish  and  declare  the  result  thereof  in  the  presence  of  a  majority 
of  the  members  of  both  houses.  The  person  having  the  highest  number 
of  votes  shall  be  declared  duly  elected,  and  a  certificate  thereof  shall  be 
given  to  such  person,  signed  by  the  presiding  officers  of  both  houses; 
but  if  any  two  or  more  shall  be  highest  and  equal  in  votes  for  the  same 
oilier,  one  of  them  shall  be  chosen  by  the  joint  vote  of  both  houses. 
Contested  elections  for  such  officers  shall  be  decided  by  the  legislature 
in  such  manner  as  shall  be  decided  by  law.  The  terms  of  all  officers 
named  in  section  one  of  this  article  shall  commence  on  the  second 
Monday  in  January  after  their  election,  until  otherwise  provided  by 
law. 

Sec.  5.  The  governor  may  require  information  in  writing  from  the 
officers  of  the  state  upon  any  subject  relating  to  the  duties  of  their  respec- 
tive offices,  and  shall  see  that  the  laws  are  faithfully  executed. 

Sec.  6.  He  shall  communicate  at  every  session  by  message  to  the 
lrgi>lature  the  condition  of  affairs  of  the  state,  and  recommend  such 
mrasurrs  as  lie  shall  deem  expedient  for  their  action. 

Sec.  7.  He  may,  on  extraordinary  occasions,  convene  the  legislature 
by  proclamation,  in  which  shall  be  stated  the  purpose  for  which  the 
legislature  is  convened. 

Sec.  8.  He  shall  be  commander  in  chief  of  the  military  of  the  state 
except  when  they  shall  be  called  into  the  service  of  the  United  States. 

Sec.  9.  The  pardoning  power  shall  be  vested  in  the  governor  under 
such  regulations  and  restrictions  as  may  be  prescribed  by  law. 

Sec.  10.  In  case  of  the  removal,  resignation,  death,  or  disability  of 
the  governor,  the  duties  of  the  office  shall  devolve  upon  the  lieutenant 
governor,  and  in  case  of  a  vacancy  in  both  the  offices  of  governor  and 
lieutenant  governor,  the  duties  of  governor  shall  devolve  upon  the 
secretary  of  state,  who  shall  act  as  governor  until  the  disability  be  re- 
moved or  a  governor  be  elected. 

Sec.  ii.  The  governor  shall  have  power  to  remit  fines  and  forfeit- 
ures, under  such  regulations  as  may  be  prescribed  by  law,  and  shall 
report  to  the  legislature  at  its  next  meeting  each  case  of  reprieve,  com- 


;8  WASHINGTON 

mutation,  or  pardon  granted,  and  the  reasons  for  granting  the  same, 
and  also  the  names  of  all  persons  in  whose  favor  remission  of  fines  and 
forfeitures  shall  have  been  made,  and  the  several  amounts  remitted  and 
the  reasons  for  the  remission. 

Sec.  12.  Every  act  which  shall  have  passed  the  legislature  shall  be, 
before  it  becomes  a  law,  presented  to  the  governor.  If  he  approves,  he 
shall  sign  it;  but  if  not,  he  shall  return  it,  with  his  objections,  to  that 
house  in  which  it  shall  have  originated,  which  house  shall  enter  the 
objections  at  large  upon  the  journal  and  proceed  to  reconsider.  If, 
after  such  reconsideration,  two  thirds  of  the  members  present  shall 
agree  to  pass  the  bill,  it  shall  be  sent,  together  with  the  objections,  to 
the  other  house,  by  which  it  shall  likewise  be  reconsidered,  and  if 
approved  by  two  thirds  of  the  members  present,  it  shall  become  a  law; 
but  in  all  such  cases  the  vote  of  both  houses  shall  be  determined  by  the 
yeas  and  nays  and  the  names  of  the  members  voting  for  or  against  the 
bill  shall  be  entered  upon  the  journal  of  each  house  respectively.  If 
any  bill  shall  not  be  returned  by  the  govemor  within  five  days,  Sunday 
excepted,  after  it  shall  be  presented  to  him,  it  shall  become  a  law  without 
his  signature,  unless  the  general  adjournment  shall  prevent  its  return, 
in  which  case  it  shall  become  a  law,  unless  the  governor  within  ten 
days  next  after  the  adjournment,  Sunday  excepted,  shall  file  such  bill, 
with  his  objections  thereto,  in  the  office  of  secretary  of  state,  who  shall 
lay  the  same  before  the  legislature  at  its  next  session  in  like  manner  as 
if  it  had  been  returned  by  the  governor.  If  any  bill  presented  to  the 
governor  contain  several  sections  or  items,  he  may  object  to  one  or 
more  sections  or  items  while  approving  other  portions  of  the  bill.  In 
such  case  he  shall  append  to  the  bill,  at  the  time  of  signing  it,  a  statement 
of  the  section  or  sections,  item  or  items  to  which  he  objects  and  the 
reasons  therefor  and  the  section  or  sections,  item  or  items,  so  objected 
to  shall  not  take  effect  unless  passed  over  the  governor's  objection  as 
hereinbefore  provided. 

Sec.  13.  When,  during  a  recess  of  the  legislature,  a  vacancy  shall 
happen  in  any  office,  the  appointment  to  which  is  vested  in  the  legis- 
lature, or  when  at  any  time  a  vacancy  shall  have  occurred  in  any  other 
state  office,  for  the  filling  of  which  vacancy  no  provision  is  made  else- 
where in  this  constitution,  the  governor  shall  fill  such  vacancy  by 
appointment,  which  shall  expire  when  a  successor  shall  have  been 
elected  and  qualified. 


THE  STATE  CONSTITUTION 


79 


Sec.  14.  The  governor  shall  receive  an  annual  salary  of  four  thou- 
sand dollars,  which  may  be  increased  by  law,  but  shall  never  exceed  six 
thousand  dollars  per  annum. 

Sec.  15.  All  commissions  shall  issue  in  the  name  of  the  state,  shall 
be  signed  by  the  governor,  sealed  with  the  seal  of  the  state,  and  attested 
by  the  secretary  of  state. 

Sec.  16.  The  lieutenant  governor  shall  be  presiding  officer  of  the 
state  senate,  and  shall  discharge  such  other  duties  as  may  be  prescribed 
by  law.  He  shall  receive  an  annual  salary  of  one  thousand  dollars, 
which  may  be  increased  by  the  legislature,  but  shall  never  exceed 
three  thousand  dollars  per  annum. 

Sec.  17.  The  secretary  of  state  shall  keep  a  record  of  the  official  acts 
of  the  legislature  and  executive  department  of  the  state,  and  shall,  when 
required,  lay  the  same  and  all  other  matters  relative  thereto,  before 
rithrr  branch  of  the  legislature,  and  shall  perform  such  other  duties  as 
shall  be  assigned  him  by  law.  He  shall  receive  an  annual  salary  of 
twenty-five  hundred  dollars,  which  may  be  increased  by  the  legisla- 
ture, but  shall  never  exceed  three  thousand  dollars  per  annum. 

Sec.  1 8.  There  shall  be  a  seal  of  the  state  kept  by  the  secretary  of 
state  for  official  purposes,  which  shall  be  called  "The  Seal  of  the  State 
of  Washington." 

Sec.  19.  The  treasurer  shall  perform  such  duties  as  shall  be  pre- 
scribed by  law.  He  shall  receive  an  annual  salary  of  two  thousand  dol- 
lars, which  may  be  increased  by  the  legislature,  but  shall  never  exceed 
four  thousand  dollars  per  annum. 

Sec.  20.  The  auditor  shall  be  auditor  of  public  accounts,  and  shall 
ha vi-  such  powers  and  perform  such  duties  in  connection  therewith  as 
may  be  prescribed  by  law.  He  shall  receive  an  annual  salary  of  two 
thousand  dollars,  which  may  be  increased  by  the  legislature,  but  shall 
never  exceed  three  thousand  dollars  per  annum. 

Sec.  21.  The  attorney-general  shall  be  the  legal  advisor  of  the  state 
officers,  and  shall  perform  such  other  duties  as  may  be  prescribed  by 
law.  He  shall  receive  an  annual  salary  of  two  thousand  dollars,  which 
may  be  increased  by  the  legislature,  but  shall  never  exceed  thirty-five 
hundred  dollars  per  annum. 

Sec.  22.  The  superintendent  of  public  instruction  shall  have  super- 
vision over  all  matters  pertaining  to  public  schools,  and  shall  perform 

ich  specific  duties  as  may  be  prescribed  by  law.    He  shall  receive  an 


such 


8o  WASHINGTON 

annual  salary  of  twenty-five  hundred  dollars,  which  may  be  increased 
by  law,  but  shall  never  exceed  four  thousand  dollars  per  annum. 

Sec.  23.  The  commissioner  of  public  lands  shall  perform  such  duties 
and  receive  such  compensation  as  the  legislature  may  direct. 

Sec.  24.  The  governor,  secretary  of  state,  treasurer,  auditor,  superin- 
tendent of  public  instruction,  commissioner  of  public  lands,  and  attorney- 
general  shall  severally  keep  the  public  records,  books  and  papers  relat- 
ing to  their  respective  offices,  at  the  seat  of  government,  at  which  place 
also  the  governor,  S2cretary  of  state,  treasurer,  and  auditor  shall  reside. 

Sec.  25.  No  person,  except  a  citizen  of  the  United  States  and  a  qual- 
ified elector  of  this  state,  shall  be  eligible  to  hold  any  state  office,  and 
the  state  treasurer  shall  be  ineligible  for  the  term  succeeding  that  for 
which  he  was  elected.  The  compensation  of  state  officers  shall  not  be 
increased  or  diminished  during  the  term  for  which  they  shall  have  been 
elected.  The  legislature  may,  in  its  discretion,  abolish  the  offices  of 
lieutenant  governor,  auditor,  and  commissioner  of  public  lands. 

ARTICLE  IV— THE  JUDICIARY 

Section  i.  The  judicial  power  of  the  state  shall  be  vested  in  a 
supreme  court,  superior  courts,  justices  of  the  peace,  and  such  infe- 
rior courts  as  the  legislature  may  provide. 

Sec.  2.  The  supreme  court  shall  consist  of  five  judges,  a  majority 
of  whom  shall  be  necessary  to  form  a  quorum  and  pronounce  a  decision. 
The  said  court  shall  always  be  open  for  the  transaction  of  business 
except  on  non-judicial  days.  In  the  determination  of  causes,  all  deci- 
sions of  the  court  shall  be  given  in  writing,  and  the  grounds  of  the  deci- 
sion shall  be  stated.  The  legislature  may  increase  the  number  of  judges 
of  the  supreme  court  from  time  to  time,  and  may  provide  for  separate 
departments  of  said  court. 

Sec.  3.  The  judges  of  the  supreme  court  shall  be  elected  by  the 
qualified  electors  of  the  state  at  large,  at  the  general  state  election,  at 
the  times  and  places  at  which  state  officers  are  elected,  unless  some  other 
time  be  provided  by  the  legislature.  [The  first  election  of  judges  of  the 
supreme  court  shall  be  at  the  election  which  shall  be  held  upon  the 
adoption  of  this  constitution,  and  the  judges  elected  thereat  shall  be 
classified,  by  lot,  so  that  two  shall  hold  their  office  for  the  term  of  three 
years,  two  for  a  term  of  five  years,  and  one  for  a  term  of  seven  years. 


THE  STATE  CONSTITUTION  81 

The  lot  shall  be  drawn  by  the  judges,  who  shall  for  that  purpose  assemble 
at  the  seat  of  government,  and  they  shall  cause  the  result  thereof  to  be 
certified  to  the  secretary  of  state,  and  filed  in  his  office.]  The  judge 
having  the  shortest  term  to  serve,  not  holding  his  office  by  appointment 
or  election  to  fill  a  vacancy,  shall  be  the  chief  justice,  and  shall  preside 
at  all  sessions  of  the  supreme  court,  and  in  case  there  shall  be  two 
judges  having  in  like  manner  the  same  short  term,  the  other  judges  of 
the  supreme  court  shall  determine  which  of  them  shall  be  chief  justice. 
In  case  of  the  absence  of  the  chief  justice,  the  judge  having  in  like 
manner  the  shortest  or  next  shortest  term  to  serve  shall  preside.  After 
tin  first  election  the  terms  of  judges  elected  shall  be  six  years  from  and 
after  the  second  Monday  in  January  next  succeeding  their  election. 
If  a  vacancy  occur  in  the  office  of  a  judge  of  the  supreme  court,  the 
governor  shall  appoint  a  person  to  hold  the  office  until  the  election  and 
qualification  of  a  judge  to  fill  the  vacancy,  which  election  shall  take 
place  at  the  next  succeeding  general  election,  and  the  Judge  so  elected 
shall  hold  the  office  for  the  remainder  of  the  uncxpired  term.  The  term 
of  office  of  the  judges  of  the  supreme  court,  first  elected,  shall  commence 
as  soon  as  the  state  shall  have  been  admitted  into  the  Union,  and  con- 
tinue for  the  term  herein  provided,  and  until  their  successors  are  elected 
and  qualified.  The  sessions  of  the  supreme  court  shall  be  held  at  the 
seat  of  government  until  otherwise  provided  by  law. 

Sec.  4.  The  supreme  court  shall  have  original  jurisdiction  in  habeas 
corpus  and  quo  warranto  and  mandamus  as  to  all  state  officers,  and 
appellate  jurisdiction  in  all  actions  and  proceedings,  excepting  that  its 
appellate  jurisdiction  shall  not  extend  to  civil  actions  at  law  for  the 
recovery  of  money  or  personal  property  when  the  original  amount  in 
controversy,  or  the  value  of  the  property,  does  not  exceed  the  sum  of 
two  hundred  dollars  ($200),  unless  the  action  involves  the  legality  of  a 
tax,  impost,  assessment,  toll,  municipal  fine,  or  the  validity  of  a  statute. 
The  supreme  court  shall  also  have  power  to  issue  writs  of  mandamus, 
review,  prohibition,  habeas  corpus,  certiorari,  and  all  other  writs  neces- 
sary and  proper  to  the  complete  exercise  of  its  appellate  and  revisory 
jurisdiction.  Each  of  the  judges  shall  have  power  to  issue  writs  of 
habeas  corpus  to  any  part  of  the  state  upon  petition  by  or  on  behalf  of 
any  person  held  in  actual  custody,  and  may  make  such  writs  returnable 
before  himself,  or  before  the  supreme  court,  or  before  any  superior 
of  the  state,  or  any  judge  thereof. 


82  WASHINGTON 

Sec.  5.  There  shall  be  in  each  of  the  organized  counties  of  this  state 
a  superior  court  for  which  at  least  one  judge  shall  be  elected  by  the 
qualified  electors  of  the  county  at  the  general  state  election:  Provided, 
That  until  otherwise  directed  by  the  legislature  [one  judge  only  shall 
be  elected  for  the  counties  of  Spokane  and  Stevens,  one  judge  for  the 
county  of  Whitman;  one  judge  for  the  counties  of  Lincoln,  Okanogan, 
Douglas,  and  Adams;  one  judge  for  the  counties  of  Walla  Walla  and 
Franklin;  one  judge  for  the  counties  of  Columbia,  Garfield,  and  Asotin; 
one  judge  for  the  counties  of  Kittitas,  Yakima,  and  Klickitat;  one 
judge  for  the  counties  of  Clarke,  Skamania,  Pacific,  Cowlitz,  and  Wah- 
kiakum;  one  judge  for  the  counties  of  Thurston,  Chehalis,  Mason,  and 
Lewis;  one  judge  for  the  county  of  Pierce;  one  judge  for  the  county  of 
King;  one  judge  for  the  counties  of  Jefferson,  Island,  Kitsap,  San  Juan, 
and  Clallam;  and  one  judge  for  the  counties  of  Whatcom,  Skagit,  and 
Snohomish].  In  any  county  where  there  shall  be  more  than  one  superior 
judge,  there  may  be  as  many  sessions  of  the  superior  court  at  the  same 
time  as  there  are  judges  thereof,  and  whenever  the  governor  shall 
direct  a  superior  judge  to  hold  court  in  any  county  other  than  that  for 
which  he  has  been  elected,  there  may  be  as  many  sessions  of  the  superior 
court  in  said  county  at  the  same  time  as  there  are  judges  therein,  or 
assigned  to  duty  therein  by  the  governor,  and  the  business  of  the  court 
shall  be  so  distributed  and  assigned  by  law,  or  in  the  absence  of  legis- 
lation therefor,  by  such  rules  and  orders  of  court,  as  shall  best  promote 
and  secure  the  convenient  and  expeditious  transaction  thereof.  The 
judgments,  decrees,  orders,  and  proceedings  of  any  session  of  the  su- 
perior court  held  by  any  one  or  more  of  the  judges  of  such  court 
shall  be  equally  effectual  as  if  all  the  judges  of  said  court  presided  at 
such  session.  The  first  superior  judges  elected  under  this  constitution 
shall  hold  their  offices  for  the  period  of  three  years,  and  until  their 
successors  shall  be  elected  and  qualified,  and  thereafter  the  term  of 
office  of  all  superior  judges  in  this  state  shall  be  for  four  years  from  the 
second  Monday  in  January  next  succeeding  their  election,  and  until 
their  successors  are  elected  and  qualified.  The  first  election  of  judges 
of  the  superior  court  shall  be  at  the  election  held  for  the  adoption  of 
this  constitution.  If  a  vacancy  occurs  in  the  office  of  judges  of  the  supe- 
rior court,  the  governor  shall  appoint  a  person  to  hold  the  office  until 
the  election  and  qualification  of  a  judge  to  fill  the  vacancy,  which 
election  shall  be  at  the  next  succeeding  general  election,  and  the 


THE  STATE  CONSTITUTION  83 

judge  so  elected  shall  hold  office  for  the  remainder  of  the  unexpired 
term. 

Sec.  6.  The  superior  court  shall  have  original  jurisdiction  in  all 
cases  in  equity,  and  in  all  cases  of  law  which  involve  the  title  or  posses- 
sion of  real  property,  or  the  legality  of  any  tax,  impost,  assessment,  toll, 
or  municipal  fine,  and  in  all  other  cases  in  which  the  demand,  or  the 
value  of  the  property  in  controversy  amounts  to  one  hundred  dollars, 
and  in  all  criminal  cases  amounting  to  a  felony,  and  in  all  cases  of  mis- 
demeanor not  otherwise  provided  for  by  law;  of  actions  of  forcible 
entry  and  detainer;  of  proceedings  in  insolvency;  of  actions  to  prevent 
or  abate  a  nuisance;  of  all  matters  of  probate,  of  divorce,  and  for  an- 
nulment of  marriage,  and  for  such  special  cases  and  proceedings  as  are 
not  otherwise  provided  for.  The  superior  court  shall  also  have  original 
jurisdiction  in  all  cases  and  of  all  proceedings  in  which  jurisdiction  shall 
not  have  been  by  law  vested  exclusively  in  some  other  court;  and  said 
court  shall  have  the  power  of  naturalization,  and  to  issue  papers  there- 
for. They  shall  have  such  appellate  jurisdiction  in  cases  arising  in 
justice's  and  other  inferior  courts  in  their  respective  counties  as  may  be 
prescribed  by  law.  They  shall  be  always  open  except  on  non- judicial 
days,  and  their  process  shall  extend  to  all  parts  of  the  state.  Said  courts 
and  their  judges  shall  have  power  to  issue  writs  of  mandamus,  quo 
warranto,  review,  certiorari,  prohibition,  and  writs  of  habeas  corpus,  on 
petition  by  or  on  behalf  of  any  person  in  actual  custody  in  their  respec- 
tive counties.  Injunctions  and  writs  of  prohibition  and  of  habeas 
corpus  may  be  issued  and  served  on  legal  holidays  and  non- judicial  days. 

Sec.  7.  The  judge  of  any  superior  court  may  hold  a  superior  court 
in  any  county  at  the  request  of  the  judge  of  the  superior  court  thereof, 
and  upon  the  request  of  the  governor  it  shall  be  his  duty  to  do  so.  A 
case  in  the  superior  court  may  be  tried  by  a  judge  pro  tempore,  who 
must  be  a  member  of  the  bar,  agreed  upon  in  writing  by  the  parties 
litigant,  or  their  attorneys  of  record,  approved  by  the  court,  and  sworn  to 
try  the  case. 

Sec.  8.  Any  judicial  officer  who  shall  absent  himself  from  the  state 
for  more  than  sixty  consecutive  days  shall  be  deemed  to  have  forfeited 
his  office:  Provided,  That  in  cases  of  extreme  necessity  the  governor 
may  extend  the  leave  of  absence  such  time  as  the  necessity  therefor 
shall  exist. 

Sec.  9.  Any  judge  of  any  court  of  record,  the  attorney-general,  or 
Washington — 6 


84  WASHINGTON 

any  prosecuting  attorney  may  be  removed  from  office  by  joint  resolu- 
tion of  the  legislature,  in  which  three  fourths  of  the  members  elected 
to  each  house  shall  concur,  for  incompetency,  corruption,  malfeasance, 
or  delinquency  in  office,  or  other  sufficient  cause  stated  in  such  resolu- 
tion. But  no  removal  shall  be  made  unless  the  officer  complained  of 
shall  have  been  served  with  a  copy  of  the  charges  against  him  as  the 
ground  of  removal,  and  shall  have  an  opportunity  of  being  heard  in 
his  defense.  Such  resolution  shall  be  entered  at  length  on  the  journal 
of  both  houses,  and  on  the  question  of  removal  the  ayes  and  nays 
shall  also  be  entered  on  the  journal. 

Sec.  10.  The  legislature  shall  determine  the  number  of  justices  of 
the  peace  to  be  elected  in  incorporated  cities  or  towns  and  in  precincts, 
and  shall  prescribe  by  law  the  powers,  duties  and  jurisdiction  of  jus- 
tices of  the  peace:  Provided,  That  such  jurisdiction  granted  by  the 
legislature  shall  not  trench  upon  the  jurisdiction  of  superior  or  other 
courts  of  record,  except  that  justices  of  the  peace  may  be  made  police 
justices  of  incorporated  cities  and  towns.  In  incorporated  cities  or 
towns  having  more  than  five  thousand  inhabitants  the  justices  of  the 
peace  shall  receive  such  salary  as  may  be  provided  by  law,  and  shall 
receive  no  fees  for  their  own  use. 

Sec.  ii.  The  supreme  court  and  the  superior  court  shall  be  courts 
of  record,  and  the  legislature  shall  have  power  to  provide  that  any  of 
the  courts  of  this  state,  excepting  justices  of  the  peace,  shall  be  courts 
of  record. 

Sec.  12.  The  legislature  shall  prescribe  by  law  the  jurisdiction  and 
powers  of  any  of  the  inferior  courts  which  may  be  established  in  pur- 
suance of  this  constitution. 

Sec.  13.  No  judicial  officer,  except  court  commissioners  and  unsal- 
aried  justices  of  the  peace,  shall  receive  to  his  own  use  any  fees  or 
perquisites  of  office.  The  judges  of  the  supreme  court  and  judges  of 
the  superior  courts  shall,  severally,  at  stated  times  during  their  con- 
tinuance in  office,  receive  for  their  services  the  salaries  prescribed  by 
law  therefor,  which  shall  not  be  increased  after  their  election,  nor 
during  the  term  for  which  they  shall  have  been  elected.  The  salaries 
of  the  judges  of  the  supreme  court  shall  be  paid  by  the  state.  One 
half  of  the  salary  of  each  of  the  superior  court  judges  shall  be  paid  by 
the  state,  and  the  other  one  half  by  the  county  or  counties  for  which  he 
is  elected.  In  cases  where  a  judge  is  provided  for  more  than  one  county, 


THE  STATE   CONSTITUTION  85 

that  portion  of  his  salary  which  is  to  be  paid  by  the  counties  shall  be 
apportioned  between  or  among  them  according  to  the  assessed  value  of 
their  taxable  property,  to  be  determined  by  the  assessment  next  pre- 
ceding the  time  for  which  such  salary  is  to  be  paid. 

Sec.  14.  Each  of  the  judges  of  the  supreme  court  shall  receive  an 
annual  salary  of  four  thousand  dollars  ($4,000);  each  of  the  superior 
court  judges  shall  receive  an  annual  salary  of  three  thousand  dollars 
($3,000),  which  said  salary  shall  be  payable  quarterly.  The  legisla- 
ture may  increase  the  salaries  of  the  judges  herein  provided. 

Sec.  15.  The  judges  of  the  supreme  court  and  the  judges  of  the 
superior  court  shall  be  ineligible  to  any  other  office  or  public  employ- 
ment than  a  judicial  office  or  employment  during  the  term  for  which 
they  shall  have  been  elected. 

Sec.  16.  Judges  shall  not  charge  juries  with  respect  to  matters  of 
fact,  nor  comment  thereon,  but  shall  declare  the  law. 

Sec.  17.  No  person  shall  be  eligible  to  the  office  of  judge  of  the 
supreme  court  or  judge  of  a  superior  court  unless  he  shall  have  been 
admitted  to  practice  in  the  courts  of  record  of  this  state  or  of  the  terri- 
tory of  Washington. 

Sec.  18.  The  judges  of  the  supreme  court  shall  appoint  a  reporter 
for  the  decisions  of  that  court,  who  shall  be  removable  at  their  pleasure. 
He  shall  receive  such  annual  salary  as  shall  be  prescribed  by  law. 

Sec.  19.  No  judge  of  a  court  of  record  shall  practice  law  in  any  court 
of  this  state  during  his  continuance  in  office. 

Sec.  20.  Every  cause  submitted  to  a  judge  of  a  superior  court  for 
his  decision  shall  be  decided  by  him  within  ninety  days  from  the  sub- 
mission thereof:  Provided,  That  if,  within  said  period  of  ninety  days, 
a  rehearing  shall  have  been  ordered,  then  the  period  within  which  he 
is  to  decide  shall  commence  at  the  time  the  cause  is  submitted  upon 
such  a  rehearing. 

Sec.  21.  The  legislature  shall  provide  for  the  speedy  publications  of 
opinions  of  the  supreme  court,  and  all  opinions  shall  be  free  for  pub- 
lication by  any  person. 

Sec.  22.  The  judges  of  the  supreme  court  shall  appoint  a  clerk  of 
that  court,  who  shall  be  removable  at  their  pleasure,  but  the  legislature 
may  provide  for  the  election  of  the  clerk  of  the  supreme  court  and 
prescribe  the  term  of  his  office.  The  clerk  of  the  supreme  court  shall 
receive  such  compensation,  by  salary  only,  as  shall  be  provided  by  law. 


86  WASHINGTON 

Sec.  23.  There  may  be  appointed  in  each  county,  by  the  judge  of 
the  superior  court  having  jurisdiction  therein,  one  or  more  court  com- 
missioners, not  exceeding  three  in  number,  who  shall  have  authority 
to  perform  like  duties  as  a  judge  of  the  superior  court  at  chambers, 
subject  to  revision  by  such  judge,  to  take  depositions  and  to  perform 
such  other  business  connected  with  the  administration  of  justice  as 
may  be  prescribed  by  law. 

Sec.  24.  The  judges  of  the  superior  courts  shall,  from  time  to  time, 
establish  uniform  rules  for  the  government  of  the  superior  courts. 

Sec.  25.  Superior  judges  shall,  on  or  before  the  first  day  of  Novem- 
ber in  each  year,  report  in  writing  to  the  judges  of  the  supreme  court 
such  defects  and  omissions  in  the  laws  as  their  experience  may  suggest, 
and  the  judges  of  the  supreme  court  shall,  on  or  before  the  first  day  of 
January  in  each  year,  report  in  writing  to  the  governor  such  defects 
and  omissions  in  the  laws  as  they  may  believe  to  exist. 

Sec.  26.  The  county  clerk  shall  be,  by  virtue  of  his  office,  clerk  of  the 
superior  court. 

Sec.  27.  The  style  of  all  processes  shall  be,  "The  State  of  Washing- 
ton," and  all  prosecutions  shall  be  conducted  in  its  name  and  by  its 
authority. 

Sec.  28.  Every  judge  of  the  supreme  court  and  every  judge  of  the 
superior  court  shall,  before  entering  upon  the  duties  of  his  office, 
take  and  subscribe  an  oath  that  he  will  support  the  constitution  of  the 
United  States  and  the  constitution  of  the  state  of  Washington,  and  will 
faithfully  and  impartially  discharge  the  duties  of  judge  to  the  best  of 
his  ability,  which  oath  shall  be  filed  in  the  office  of  the  secretary  of 
state. 

ARTICLE  V— IMPEACHMENT 

Section  i.  The  house  of  representatives  shall  have  the  sole  power 
of  impeachment.  The  concurrence  of  a  majority  of  all  the  members 
shall  be  necessary  to  an  impeachment.  All  impeachments  shall  be 
tried  by  the  senate,  and  when  sitting  for  that  purpose  the  senators 
shall  be  upon  oath  or  affirmation  to  do  justice  according  to  law  and 
evidence.  When  the  governor  or  lieutenant  governor  is  on  trial,  the 
chief  justice  of  the  supreme  court  shall  preside.  No  person  shall  be 
convicted  without  a  concurrence  of  two  thirds  of  the  senators  elected. 

Sec.  2.  The  governor  and  other  state  and  judicial  officers,  except 


THE   STATE  CONSTITUTION  87 

judges  and  justices  of  courts  not  of  record,  shall  be  liable  to  impeach- 
ment for  high  crimes  or  misdemeanors,  or  malfeasance  in  office,  but 
judgment  in  such  cases  shall  extend  only  to  removal  from  office  and 
disqualification  to  hold  any  office  of  honor,  trust  or  profit,  in  the  state. 
The  party,  whether  convicted  or  acquitted,  shall,  nevertheless,  be 
liable  to  prosecution,  trial,  judgment,  and  punishment  according  to 
law. 

Sec.  3.  All  officers  not  liable  to  impeachment  shall  be  subject  to 
removal  for  misconduct  or  malfeasance  in  office,  in  such  manner  as 
may  be  provided  by  law. 

ARTICLE  VI— ELECTIONS  AND  ELECTIVE  RIGHTS 

Section  i.  [All  male  persons  of  the  age  of  twenty-one  years  or  over, 
possessing  the  following  qualifications,  shall  be  entitled  to  vote  at  all 
elections.  They  shall  be  citizens  of  the  United  States;  they  shall  have 
lived  in  the  state  one  year,  and  in  the  county  ninety  days,  and  in  the 
city,  town,  ward  or  precinct  thirty  days  immediately  preceding  the  elec- 
tion at  which  they  offer  to  vote:  Provided,  That  Indians  not  taxed  shall 
never  be  allowed  the  elective  franchise:  Provided  further,  That  all  male 
persons  who  at  the  time  of  the  adoption  of  this  constitution  are  qualified 
electors  of  the  territory  shall  be  electors.] 

Sec.  2.  The  legislature  may  provide  that  there  shall  be  no  denial  of 
tin-  rk'ctive  franchise  at  any  school  election  on  account  of  sex. 

Sec.  3.  All  idiots,  insane  persons,  and  persons  convicted  of  infamous 
crime,  unless  restored  to  their  civil  rights,  are  excluded  from  the  elective 
franchise. 

Sec.  4.  For  the  purpose  of  voting  and  eligibility  to  office  no  person 
shall  be  deemed  to  have  gained  a  residence  by  reason  of  his  presence, 
or  lost  it  by  reason  of  his  absence,  while  in  the  civil  or  military  service 
of  the  state  or  of  the  United  States,  nor  while  a  student  at  any  institu- 
tion of  learning,  nor  while  kept  at  public  expense  at  any  poor  house 
or  other  asylum,  nor  while  confined  in  public  prison,  nor  while  engaged 
in  the  navigation  of  the  waters  of  this  state  or  of  the  United  States,  or 
of  the  high  seas. 

Sec.  5.  Voters  shall  in  all  cases  except  treason,  felony,  and  breach  of 
the  peace,  be  privileged  from  arrest  during  their  attendance  at  elec- 
tions and  in  going  to  and  returning  therefrom.  No  elector  shall  be 


88  WASHINGTON 

required  to  do  military  duty  on  the  day  of  any  election  except  in  time 
of  war  or  public  danger. 

Sec.  6.  All  elections  shall  be  by  ballot.  The  legislature  shall  pro- 
vide for  such  method  of  voting  as  will  secure  to  every  elector  absolute 
secrecy  in  preparing  and  depositing  his  ballot. 

Sec.  7.  The  legislature  shall  enact  a  registration  law,  and  shall  re- 
quire compliance  with  such  law  before  any  elector  shall  be  allowed  to 
vote:  Provided,  That  this  provision  is  not  compulsory  upon  the  legis- 
lature, except  as  to  cities  and  towns  having  a  population  of  over  five 
hundred  inhabitants.  In  all  other  cases  the  legislature  may  or  may 
not  require  registration  as  a  pre-requisite  to  the  right  to  vote,  and  the 
same  system  of  registration  need  not  be  adopted  for  both  classes. 

Sec.  8.  The  first  election  of  county  and  district  officers,  not  other- 
wise provided  for  in  this  constitution,  shall  be  on  the  Tuesday  next 
after  the  first  Monday  in  November,  1890,  and  thereafter  all  elections 
for  such  offices  shall  be  held  biennially  on  the  Tuesday  next  succeeding 
the  first  Monday  in  November.  The  first  election  of  all  state  officers 
not  otherwise  provided  for  in  this  constitution,  after  the  election  held  for 
the  adoption  of  this  constitution,  shall  be  on  the  Tuesday  next  after  the 
first  Monday  in  November,  1892,  and  the  elections  for  such  state  offices 
shall  be  every  fourth  year  thereafter  on  the  Tuesday  succeeding  the 
first  Monday  in  November. 

ARTICLE  VII— REVENUE  AND  TAXATION 

Section  i.  All  property  in  the  state  not  exempt  under  the  laws  of 
the  United  States,  or  under  this  constitution,  shall  be  taxed  in  propor- 
tion to  its  value,  to  be  ascertained  as  provided  by  law.  The  legislature 
shall  provide  by  law  for  an  annual  tax  sufficient,  with  other  sources  of 
revenue,  to  defray  the  estimated  ordinary  expenses  of  the  state  for  each 
fiscal  year.  And  for  the  purpose  of  paying  the  state  debt,  if  there  be 
any,  the  legislature  shall  provide  for  levying  a  tax  annually,  sufficient 
to  pay  the  annual  interest  and  principal  of  such  debt  within  twenty 
years  from  the  final  passage  of  the  law  creating  the  debt. 

Sec.  2.  The  legislature  shall  provide  by  law  a  uniform  and  equal 
rate  of  assessment  and  taxation  on  all  property  in  the  state,  according 
to  its  value  in  money,  and  shall  prescribe  such  regulations  by  general 
law  as  shall  secure  a  just  valuation  for  taxation  of  all  property,  so  that 


THE  STATE  CONSTITUTION  89 

every  person  and  corporation  shall  pay  a  tax  in  proportion  to  the  value 
of  his,  her,  or  its  property:  Provided,  That  a  deduction  of  debts  from 
credits  may  be  authorized:  Provided  further,  That  the  property  of  the 
United  States,  and  of  the  state,  counties,  school  districts,  and  other 
municipal  corporations,  and  such  other  property  as  the  legislature  may 
by  general  laws  provide,  shall  be  exempt  from  taxation. 

Sec.  3.  The  legislature  shall  provide  by  general  law  for  the  assess- 
ing and  levying  of  taxes  on  all  corporation  property  as  near  as  may  be 
by  the  same  methods  as  are  provided  for  the  assessing  and  levying  of 
on  individual  property. 

Sec.  4.  The  power  to  tax  corporations  and  corporate  property  shall 
not  l>e  surrendered  or  suspended  by  any  contract  or  grant  to  which  the 
state  shall  be  a  party. 

Sec.  5.  No  tax  shall  be  levied  except  in  pursuance  of  law;  and  every 
law  imposing  a  tax  shall  state  distinctly  the  object  of  the  same,  to  which 
only  it  shall  be  applied. 

Sec.  6.  All  taxes  levied  and  collected  for  state  purposes  shall  be 
paid  in  money  only  into  the  state  treasury. 

Sec.  7.  An  accurate  statement  of  the  receipts  and  expenditures  of 
tin  public  moneys  shall  be  published  annually,  in  such  manner  as  the1 
legislature  may  provide. 

Sec.  8.  \Yhenever  the  excuses  of  any  fiscal  year  shall  exceed  the 
income,  the  legislature  may  provide  for  levying  a  tax  for  the  ensuing 
fiscal  year,  sufficient,  with  other  sources  of  income,  to  pay  the  deficiency, 
as  well  as  the  estimated  excuses  of  the  ensuing  fiscal  year. 

Sec.  9.  The  legislature  may  vest  the  corporate  authorities  of  cities, 
towns,  and  villages  with  the  |x>wer  to  make  local  improvements  by 
special  assessment,  or  by  special  taxation  of  property  benefited.  For 
all  corporate  purposes,  all  municipal  corporations  may  be  vested  with 
authority  to  assess  and  collect  taxes,  and  such  taxes  shall  be  uniform 
in  respect  to  persons  and  property  within  the  jurisdiction  of  the  body 
levying  the  same. 

ARTICLE  VHI— STATE,   COUNTY,  AND  MUNICIPAL 
INDEBTEDNESS 

Section  i.  The  state  may,  to  meet  casual  deficits  or  failures  in  rev- 
enues or  for  expenses  not  provided  for,  contract  debts,  but  such  debts, 


9o  WASHINGTON 

direct  and  contingent,  singly  or  in  the  aggregate,  shall  not  at  any  time 
exceed  four  hundred  thousand  dollars  ($400,000),  and  the  moneys  aris- 
ing from  the  loans  creating  such  debts  shall  be  applied  to  the  purpose  for 
which  they  were  obtained,  or  to  repay  the  debts  so  contracted,  and  to 
no  other  purpose  whatever. 

Sec.  2.  In  addition  to  the  above  limited  power  to  contract  debts, 
the  state  may  contract  debts  to  repel  invasion,  suppress  insurrection, 
or  to  defend  the  state  in  war,  but  the  money  arising  from  the  con- 
tracting of  such  debts  shall  be  applied  to  the  purpose  for  which  it  was 
raised  and  no  other  purpose  whatever. 

Sec.  3.  Except  the  debts  specified  in  sections  one  and  two  of  this 
article,  no  debt  shall  hereafter  be  contracted  by,  or  on  behalf  of  this 
state,  unless  such  debt  shall  be  authorized  by  law  for  some  single  work 
or  object  to  be  distinctly  specified  therein,  which  law  shall  provide 
ways  and  means,  exclusive  of  loans,  for  the  payment  of  the  interest  on 
such  debt  as  it  falls  due,  and  also  to  pay  and  discharge  the  principal 
of  such  debt  within  twenty  years  from  the  time  of  the  contracting 
thereof.  No  such  law  shall  take  effect  until  it  shall,  at  a  general  elec- 
tion, have  been  submitted  to  the  people  and  have  received  a  majority 
of  all  the  votes  cast  for  and  against  it  at  such  election,  and  all  moneys 
raised  by  authority  of  such  law  shall  be  applied  only  to  the  specific 
object  therein  stated,  or  to  the  payment  of  the  debt  thereby  created, 
and  such  law  shall  be  published  in  at  least  one  newspaper  in  each 
county,  if  one  be  published  therein,  throughout  the  state,  for  three 
months  next  preceding  the  election  at  which  it  is  submitted  to  the 
people. 

Sec.  4.  No  money  shall  ever  be  paid  out  of  the  treasury  of  this  state, 
or  any  of  its  funds,  or  any  of  the  funds  under  its  management,  except 
in  pursuance  of  an  appropriation  by  law;  nor  unless  such  payment  be 
made  within  two  years  from  the  first  day  of  May  next  after  the  passage 
of  such  appropriation  act,  and  every  such  law  making  a  new  appropri- 
ation, or  continuing  or  reviving  an  appropriation,  shall  distinctly  specify 
the  sum  appropriated,  and  the  object  to  which  it  is  to  be  applied,  and 
it  shall  not  be  sufficient  for  such  law  to  refer  to  any  other  law  to  fix 
such  sum. 

Sec.  5.  The  credit  of  the  state  shall  not,  in  any  manner,  be  given  or 
loaned  to,  or  in  aid  of,  any  individual,  association,  company,  or  corpo- 
ration. 


THE   STATE  CONSTITUTION  91 

Sec.  6.  No  county,  city,  town,  school  district,  or  other  municipal 
corporation  shall  for  any  purpose  become  indebted  in  any  manner  to 
an  amount  exceeding  one  and  one  half  per  centum  of  the  taxable 
property  in  such  county,  city,  town,  school  district  or  other  municipal 
corporation,  without  the  assent  of  three  fifths  of  the  voters  therein 
voting  at  an  election  to  be  held  for  that  purpose,  nor  in  cases  requiring 
such  assent  shall  the  total  indebtedness  at  any  time  exceed  five  per 
centum  on  the  value  of  the  taxable  property  therein,  to  be  ascertained 
by  the  last  assessment  for  state  and  county  purposes  previous  to  the 
incurring  of  such  indebtedness,  except  that  in  incorporated  cities  the 
assessment  shall  be  taken  from  the  last  assessment  for  city  purposes, 
Provided,  That  no  part  of  the  indebtedness  allowed  in  this  section 
shall  be  incurred  for  any  purpose  other  than  strictly  county,  city,  town: 
school  district,  or  other  municipal  purposes:  Provided  further,  That 
any  city  or  town  with  such  assent  may  be  allowed  to  become  indebted 
to  a  larger  amount,  but  not  exceeding  five  per  centum  additional,  for 
supplying  such  city  or  town  with  water,  artificial  light,  and  sewers,  when 
the  works  for  supplying  such  water,  light,  and  sewers  shall  be  owned 
and  controlled  by  the  municipality. 

Sec.  7.  No  county,  city,  town,  or  other  municipal  corporation  shall 
hereafter  give  any  money  or  property  or  loan  its  money  or  credit,  to  or 
in  aid  of  any  individual,  association,  company,  or  corporation,  except 
for  the  necessary  support  of  the  poor  and  infirm,  or  become  directly 
or  indirectly  the  owner  of  any  stock  in  or  bonds  of  any  association, 
company,  or  corporation. 

ARTICLE  IX— EDUCATION 

Section  i.  It  is  the  paramount  duty  of  the  state  to  make  ample 
provision  for  the  education  of  all  children  residing  within  its  borders, 
without  distinction  or  preference  on  account  of  race,  color,  caste,  or 
sex. 

Sec.  2.  The  legislature  shall  provide  for  a  general  and  uniform  sys- 
tem of  public  schools.  The  public  school  system  shall  include  com- 
mon schools,  and  such  high  schools,  normal  schools,  and  technical 
schools  as  may  hereafter  be  established.  But  the  entire  revenue  derived 
from  the  common  school  fund,  and  the  state  tax  for  common  schools, 
shall  be  exclusively  applied  to  the  support  of  the  common  schools. 


92  WASHINGTON 

Sec.  3.  The  principal  of  the  common  school  fund  shall  remain  per- 
manent and  irreducible.  The  said  fund  shall  be  derived  from  the 
following  named  sources,  to-wit:  Appropriations  and  donations  by  the 
state  to  this  fund;  donations  and  bequests  by  individuals  to  the  state  to 
public  for  common  schools;  the  proceeds  of  lands  and  other  property 
which  revert  to  the  state  by  escheat  and  forfeiture;  the  proceeds  of  all 
property  granted  to  the  state  when  the  purpose,  of  the  grant  is  not 
specified,  or  is  uncertain;  funds  accumulated  in  the  treasury  of  the 
state  for  the  disbursement  of  which  provision  has  not  been  made  by 
law;  the  proceeds  of  the  sale  of  timber,  stone,  minerals,  and  other 
property  from  school  and  state  lands,  other  than  those  granted  for 
specific  purposes;  all  moneys  received  from  persons  appropriating 
timber,  stone,  minerals,  or  other  property  from  school  and  state  lands 
other  than  those  granted  for  specific  purposes,  and  all  moneys  other 
than  rental  recovered  from  persons  trespassing  on  said  lands;  five  per 
centum  of  the  proceeds  of  the  sale  of  public  lands  lying  within  the  state, 
which  shall  be  sold  by  the  United  States  subsequent  to  the  admission 
of  the  state  into  the  Union  as  approved  by  section  13  of  the  act  of  Con- 
gress enabling  the  admission  of  the  state  into  the  Union;  the  principal 
of  all  funds  arising  from  the  sale  of  lands  and  other  property  which 
have  been  and  hereafter  may  be,  granted  to  the  state  for  the  support  of 
common  schools.  The  legislature  may  make  further  provisions  for 
enlarging  said  fund.  The  interest  accruing  on  said  fund,  together  with 
all  rentals  and  other  revenues  derived  therefrom,  and  from  lands  and 
other  property  devoted  to  the  common  school  fund,  shall  be  exclusively 
applied  to  the  current  use  of  the  common  schools. 

Sec.  4.  All  schools  maintained  or  supported  wholly  or  in  part  by 
the  public  funds  shall  be  forever  free  from  sectarian  control  or  in- 
fluence. 

Sec.  5.  All  losses  to  the  permanent  common  school  or  any  other 
state  educational  fund,  which  shall  be  occasioned  by  defalcation,  mis- 
management, or  fraud  of  the  agents  or  officers  controlling  or  managing 
the  same,  shall  be  audited  by  the  proper  authorities  of  the  state.  The 
amount  so  audited  shall  be  a  permanent  funded  debt  against  the  state 
in  favor  of  the  particular  fund  sustaining  such  loss,  upon  which  not  less 
than  6  per  cent,  annual  interest  shall  be  paid.  The  amount  of  liability 
so  created  shall  not  be  counted  as  a  part  of  the  indebtedness  authorized 
and  limited  elsewhere  in  this  constitution. 


THE  STATE  CONSTITUTION  93 


ARTICLE  X— MILITIA 

Section  i.  All  able-bodied  male  citizens  of  this  state,  between  the 
ages  of  eighteen  (18)  and  forty-five  (45)  years,  except  such  as  are  exempt 
by  laws  of  the  United  States  or  by  the  laws  of  this  state,  shall  be  liable 
to  military  duty. 

Sec.  2.  The  legislature  shall  provide  by  law  for  organizing  and  dis- 
ciplining the  militia  in  such  manner  as  it  may  deem  expedient,  not 
incompatible  with  the  constitution  and  laws  of  the  United  States. 
( )tiK crs  of  the  militia  shall  be  elected  or  appointed  in  such  manner  as 
the  legislature  shall  from  time  to  time  direct,  and  shall  be  commis- 
sioned by  the  governor.  The  governor  shall  have  power  to  call  forth 
the  militia  to  execute  the  laws  of  the  state,  to  suppress  insurrections, 
and  rejx-1  invasions. 

Sec.  3.  The  legislature  shall  provide  by  law  for  the  maintenance  of 
the  soldiers'  home  for  honorably  discharge'd  Union  soldiers,  sailors, 
mariius,  and  members  of  the  state  militia  disabled  while  in  the  line  of 
duty,  and  who  are  bona  fide  citizens  of  the  state. 

Sec.  4.  The  legislature  shall  provide  by  law  for  the  protection  and 
safe  keeping  of  the  public  arms. 

Sec.  5.  The  militia  shall,  in  all  cases,  except  treason,  felony,  and 
breach  of  the  peace,  be  privileged  from  arrest  during  the  attendance  at 
musters  and  elections  of  officers,  and  in  going  to  and  returning  from  the 
same. 

Sec.  6.  No  person  or  persons,  having  conscientious  scruples  against 
bearing  arms,  shall  be  compelled  to  do  militia  duty  in  time  of  peace: 
Provided,  Such  person  or  persons  shall  pay  an  equivalent  for  such 
exemption. 

ARTICLE   XI— COUNTY,  CITY,  AND  TOWNSHIP 
ORGANIZATION 

Section  i.  The  several  counties  of  the  territory  of  Washington,  ex- 
isting at  the  time  of  the  adoption  of  this  constitution,  are  hereby  rec- 
ognized as  legal  subdivisions  of  this  state. 

Sec.  2.  No  county  seat  shall  be  removed  unless  three  fifths  of  the 
qualified  electors  of  the  county,  voting  on  the  proposition  at  a  general 
)n,  shall  vote  in  favor  of  such  removal,  and  three  fifths  of  all  votes 


94  WASHINGTON 

cast  on  the  proposition  shall  be  required  to  relocate  a  county  seat.  A 
proposition  of  removal  shall  not  be  submitted  in  the  same  county  more 
than  once  in  four  years. 

Sec.  3.  No  new  county  shall  be  established  which  shall  reduce  any 
county  to  a  population  of  less  than  four  thousand  (4,000),  nor  shall  a 
new  county  be  formed  containing  a  less  population  than  two  thousand 
(2,000).  There  shall  be  no  territory  stricken  from  any  county  unless  a 
majority  of  the  voters  living  in  such  territory  shall  petition  therefor,  and 
then  only  under  such  other  conditions  as  may  be  prescribed  by  a  general 
law  applicable  to  the  whole  state.  Every  county  which  shall  be  enlarged 
or  created  from  territory  taken  from  any  other  county  or  counties  shall 
be  liable  for  a  just  proportion  of  the  existing  debts  and  liabilities  of  the 
county  or  counties  from  which  such  territory  shall  be  taken:  Provided, 
That  in  such  accounting  neither  county  shall  be  charged  with  any  debt 
or  liability  then  existing,  incurred  in  the  purchase  of  any  county  prop- 
erty or  in  the  purchase  or  construction  of  any  county  buildings  then  in 
use  or  under  construction,  which  shall  fall  within  and  be  retained  by 
the  county:  Provided  further,  That  this  shall  not  be  construed  to  affect 
the  rights  of  creditors. 

Sec.  4.  The  legislature  shall  establish  a  system  of  county  govern- 
ment which  shall  be  uniform  throughout  the  state,  and  by  general  laws 
shall  provide  for  township  organization,  under  which  any  county  may 
organize  whenever  a  majority  of  the  qualified  electors  of  such  county 
voting  at  a  general  election  shall  so  determine,  and  whenever  a  county 
shall  adopt  township  organization,  the  assessment  and  collection  of 
revenue  shall  be  made,  and  the  business  of  such  county,  and  the  local 
affairs  of  the  several  townships  therein,  shall  be  managed  and  transacted 
in  the  manner  prescribed  by  such  general  law. 

Sec.  5.  The  legislature,  by  general  and  uniform  laws,  shall  provide 
for  the  election  in  the  several  counties  of  boards  of  county  commissioners, 
sheriffs,  county  clerks,  treasurers,  prosecuting  attorneys,  and  other 
county,  township,  or  precinct  and  district  officers,  as  public  convenience 
may  require,  and  shall  prescribe  their  duties  and  fix  their  terms  of  office. 
It  shall  regulate  the  compensation  of  all  such  officers,  in  proportion  to 
their  duties,  and  for  that  purpose  may  classify  the  counties  by  popula- 
tion. And  it  shall  provide  for  the  strict  accountability  of  such  officers 
for  all  fees  which  may  be  collected  by  them,  and  for  all  public  moneys 
which  may  be  paid  to  them,  or  officially  come  into  their  possession. 


THE   STATE  CONSTITUTION  95 

Sec.  6.  The  board  of  county  commissioners  in  each  county  shall  fill 
all  vacancies  occurring  in  any  county,  township,  precinct,  or  road  dis- 
trict office  of  such  county  by  appointment,  and  officers  thus  appointed 
shall  hold  office  till  the  next  general  election,  and  until  their  successors 
are  elected  and  qualified. 

Sec.  7.  No  county  officer  shall  be  eligible  to  hold  his  office  more  than 
two  terms  in  succession. 

Sec.  8.  The  legislature  shall  fix  the  compensation  by  salaries  of  all 
county  officers,  and  of  constables  in  cities  having  a  population  of  5,000 
and  upward;  except  that  public  administrators,  surveyors,  and  coroners 
may  or  may  not  be  salaried  officers.  The  salary  of  any  county,  city, 
town,  or  municipal  officer  shall  not  be  increased  or  diminished  after  his 
election,  or  during  his  term  of  office;  nor  shall  the  term  of  any  such 
officer  be  extended  beyond  the  period  for  which  he  is  elected  or  appointed. 

Sec.  9.  No  county,  nor  the  inhabitants  thereof,  nor  the  property 
thrrcin,  shall  be  released  or  discharged  from  its  or  their  proportionate 
share  of  taxes  to  be  levied  for  state  purposes,  nor  shall  commutation 
for  such  taxes  be  authorized  in  any  form  whatever. 

Sec.  10.  Corporations  for  municipal  purposes  shall  not  be  created 
by  special  laws;  but  the  legislature,  by  general  laws,  shall  provide  for 
the  incorporation,  organization,  and  classification,  in  proportion  to 
population,  of  cities  and  towns,  which  laws  may  be  altered,  amended, 
or  repealed.  Cities  and  towns  heretofore  organized  or  incorporated  may 
become  organized  under  such  general  laws  whenever  a  majority  of  the 
electors  voting  at  a  general  election  shall  so  determine,  and  shall  organ- 
ize in  conformity  therewith;  and  cities  or  towns  heretofore  or  hereafter 
organized,  and  all  charters  thereof  framed  or  adopted  by  authority  of 
this  constitution,  shall  be  subject  to  and  controlled  by  general  laws. 
Any  city  containing  a  population  of  twenty  thousand  inhabitants,  or 
more,  shall  be  permitted  to  frame  a  charter  for  its  own  government, 
consistent  with  and  subject  to  the  constitution  and  laws  of  this  state, 
and  for  such  purpose  the  legislative  authority  of  such  city  may  cause  an 
election  to  be  had,  at  which  election  there  shall  be  chosen  by  the  qual- 
ified electors  of  said  city,  fifteen  freeholders  thereof,  who  shall  have 
been  residents  of  said  city  for  a  period  of  at  least  two  years  preceding 
their  election,  and  qualified  electors,  whose  duty  it  shall  be  to  convene 
within  ten  days  after  their  election  and  prepare  and  propose  a  charter 
for  such  city.  Such  proposed  charter  shall  be  submitted  to  the  qualified 


96  WASHINGTON 

electors  of  said  city,  and  if  a  majority  of  such  qualified  electors  voting 
thereon  ratify  the  same,  it  shall  become  the  charter  of  said  city,  and 
shall  become  the  organic  law  thereof,  and  supersede  any  existing 
charter,  including  amendments  thereto,  and  all  special  laws  inconsist- 
ent with  such  charter.  Said  proposed  charter  shall  be  published  in  two 
daily  newspapers  published  in  said  city,  for  at  least  thirty  days  prior  to 
the  day  of  submitting  the  same  to  the  electors  for  their  approval,  as  above 
provided.  All  elections  in  this  section  authorized  shall  only  be  had  upon 
notice,  which  notice  shall  specify  the  object  of  calling  such  election,  and 
shall  be  given  for  at  least  ten  days  before  the  day  of  election,  in  all 
election  districts  of  said  city.  Said  elections  may  be  general  or  special 
elections,  and  except  as  herein  provided  shall  be  governed  by  the  law 
regulating  and  controlling  general  or  special  elections  in  said  city.  Such 
charter  may  be  amended  by  proposals  therefor  submitted  by  the  legis- 
lative authority  of  such  city  to  the  electors  thereof  at  any  general  election 
after  notice  of  said  submission  published  as  above  specified,  and  ratified 
by  a  majority  of  the  qualified  electors  voting  thereon.  In  submitting 
any  such  charter  amendment  thereto,  any  alternate  article  or  proposi- 
tion may  be  presented  for  the  choice  of  the  voters,  and  may  be  voted  on 
separately  without  prejudice  to  others. 

Sec.  ii.  Any  county,  city,  town,  or  township  may  make  and  enforce 
within  its  limits  all  such  local  police,  sanitary,  and  other  regulations  as 
are  not  in  conflict  with  general  laws. 

Sec.  12.  The  legislature  shall  have  no  power  to  impose  taxes  upon 
counties,  cities,  towns,  or  other  municipal  corporations,  or  the  inhabit- 
ants or  property  thereof,  for  county,  city,  town,  or  other  municipal 
purposes,  but  may  by  general  laws  vest  in  the  corporate  authorities 
thereof  the  power  to  assess  and  collect  taxes  for  such  purposes. 

Sec.  13.  Private  property  shall  not  be  taken  or  sold  for  the  payment 
of  the  corporate  debt  of  any  public  or  municipal  corporation,  except  in 
the  mode  provided  by  law  for  the  levy  and  collection  of  taxes. 

Sec.  14.  The  making  of  profit  out  of  county,  city,  town,  or  other  pub- 
lic money,  or  using  the  same  for  any  purpose  not  authorized  by  law,  by 
any  officer  having  the  possession  or  control  thereof,  shall  be  a  felony, 
and  shall  be  prosecuted  and  punished  as  prescribed  by  law. 

Sec.  15.  All  moneys,  assessments  and  taxes  belonging  to  or  collected 
for  the  use  of  any  county,  city,  town,  or  other  public  or  municipal  cor- 
poration, coming  into  the  hands  of  any  officer  thereof,  shall  immediately 


THE  STATE  CONSTITUTION  97 

be  deposited  with  the  treasurer,  or  other  legal  depositary,  to  the  credit 
of  such  city,  town,  or  other  corporation  respectively,  for  the  benefit  of 
the  funds  to  which  they  belong. 

ARTICLE  XII— CORPORATIONS  OTHER  THAN 
MUNICIPAL 

Section  i.  Corporations  may  be  formed  under  general  laws,  but 
snail  not  be  created  by  special  acts.  All  laws  relating  to  corporations 
may  be  altered,  amended,  or  repealed  by  the  legislature  at  any  time, 
and  all  corporations  doing  business  in  this  state  may,  as  to  such  business, 
be  regulated,  limited,  or  restrained  by  law. 

Sec.  2.  All  existing  charters,  franchises,  special  or  exclusive  privi- 
leges under  which  an  actual  and  bona  fide  organization  shall  not  have 
taken  place,  and  business  been  commenced  in  good  faith,  at  the  time  of 
the  adoption  of  this  constitution,  shall  thereafter  have  no  validity. 

Sec.  3.  The  legislature  shall  not  extend  any  franchise  or  charter,  or 
permit  the  forfeiture  of  any  franchise  or  charter  of  any  corporation  now 
exiting  <>r  which  shall  hereafter  i-xist  under  the  laws  of  this  state. 

Sec.  4.  Each  stockholder  in  all  incorporated  companies,  except  cor- 
porations organized  for  banking  or  insurance  purposes,  shall  be  liable 
for  the  debts  of  the  corporation  to  the  amount  of  his  unpaid  stock,  and 
no  more,  and  one  or  more  stockholders  may  be  joined  as  parties  defend- 
ant in  suits  to  recover  upon  this  liability. 

Sec.  5.  The  term  corporations,  as  used  in  this  article,  shall  be  con- 
strued to  include  all  associations  and  joint  stock  companies  having  any 
powers  or  privileges  of  corporations  not  possessed  by  individuals  or 
partnerships,  and  all  corporations  shall  have  the  right  to  sue  and 
shall  be  subject  to  be  sued,  in  all  courts,  in  like  cases  as  natural 
persons. 

Sec.  6.  Corporations  shall  not  issue  stock,  except  to  bona  fide  sub- 
scribers therefor;  or  their  assignees;  nor  shall  any  corporation  issue 
any  bond,  or  other  obligation,  for  the  payment  of  money,  except  for 
money  or  property  received  or  labor  done.  The  stock  of  corporations 
shall  not  be  increased,  except  in  pursuance  of  a  general  law,  nor  shall 
any  law  authorize  the  increase  of  stock,  without  the  consent  of  the  per- 
son or  persons  holding  the  larger  amount  in  value  of  the  stock,  nor 

ithout  due  notice  of  the  proposed  increase  having  been  previously 


98  WASHINGTON 

given  in  such  manner  as  may  be  prescribed  by  law.  All  fictitious 
increase  of  stock  or  indebtedness  shall  be  void. 

Sec.  7.  No  corporation  organized  outside  the  limits  of  this  state  shall 
be  allowed  to  transact  business  within  the  state  on  more  favorable 
conditions  than  are  prescribed  by  law  to  similar  corporations  organized 
under  the  laws  of  this  state. 

Sec.  8.  No  corporation  shall  lease  or  alienate  any  franchise,  so  as  to 
release  the  franchise,  or  property  held  thereunder,  from  the  liabilities 
of  the  lessor,  or  grantor,  lessee,  or  grantee,  contracted  or  incurred  in 
the  operation,  use,  or  enjoyment  of  such  franchise  or  any  of  its  privileges. 

Sec.  9.  The  state  shall  not  in  any  manner  loan  its  credit,  nor  shall  it 
subscribe  to,  or  be  interested  in,  the  stock  of  any  company,  association, 
or  corporation. 

Sec.  10.  The  exercise  of  the  right  of  eminent  domain  shall  never  be 
so  abridged  or  construed  as  to  prevent  the  legislature  from  taking  the 
property  and  franchises  of  incorporated  companies,  and  subjecting  them 
to  public  use  the  same  as  the  property  of  individuals. 

Sec.  ii.  No  corporation,  association,  or  individual  shall  issue  or  put 
in  circulation  as  money  anything  but  the  lawful  money  of  the  United 
States.  Each  stockholder  of  any  banking  or  insurance  corporation  or 
joint  stock  association  shall  be  individually  and  personally  liable, 
equally  and  ratably,  and  not  one  for  another,  for  all  contracts,  debts, 
and  engagements  of  such  corporation  or  association  accruing  while  they 
remain  such  stockholders,  to  the  extent  of  the  amount  of  their  stock 
therein  at  the  par  value  thereof,  in  addition  to  the  amount  invested  in 
such  shares. 

Sec.  12.  Any  president,  director,  manager,  cashier,  or  other  officer 
of  any  banking  institution  who  shall  receive  or  assent  to  the  reception 
of  deposits  after  he  shall  have  knowledge  of  the  fact  that  such  banking 
institution  is  insolvent  or  in  failing  circumstances  shall  be  individually 
responsible  for  such  deposits  so  received. 

Sec.  13.  All  railroad,  canal,  and  other  transportation  companies  are 
declared  to  be  common  carriers  and  subject  to  legislative  control.  Any 
association  or  corporation  organized  for  the  purpose,  under  the  laws  of 
the  state,  shall  have  the  right  to  connect  at  the  state  line  with  railroads 
of  other  states.  Every  railroad  company  shall  have  the  right  with  its 
road,  whether  the  same  be  now  constructed  or  may  hereafter  be  con- 
structed, to  intersect,  cross,  or  connect  with  any  other  railroad,  and 


THE  STATE  CONSTITUTION 


99 


when  such  railroads  are  of  the  same  or  similar  gauge  they  shall,  at  all 
crossings  and  at  all  points  where  a  railroad  shall  begin  or  terminate  at 
or  near  any  other  railroad,  form  proper  connections,  so  that  the  cars  of 
any  such  railroad  companies  may  be  speedily  transferred  from  one  rail- 
road to  another.  All  railroad  companies  shall  receive  and  transport 
each  the  other's  passengers,  tonnage,  and  cars,  without  delay  or  dis- 
crimination. 

Sec.  14.  No  railroad  company  or  other  common  carrier  shall  combine 
or  make  any  contract  with  the  owners  of  any  vessel  that  leaves  port  or 
makes  port  in  this  state,  or  with  any  common  carrier,  by  which  com- 
bination or  contract  the  earnings  of  one  doing  the  carrying  are  to  be 
shared  by  the  other  not  doing  the  carrying. 

Sec.  15.  No  discrimination  in  charges  or  facilities  for  transportation 
shall  be  made  by  any  railroad  or  other  transportation  company  between 
places  or  persons,  or  in  the  facilities  for  the  transportation  of  the  same 
classes  of  freight  or  passengers  within  the  state,  or  coming  from  or 
going  to  any  other  state.  Persons  and  property  transported  over  any 
railroad,  or  by  any  other  transportation  company,  or  individual,  shall 
be  delivered  at  any  station,  landing,  or  port,  at  charges  not  exceeding 
the  charges  for  the  transportation  of  persons  and  property  of  the  same 
class,  in  the  same  direction  to  any  more  distant  station,  port,  or  landing. 
Kxuirsions  and  commutation  tickets  may  be  issued  at  special  rates. 

Sec.  16.  No  railroad  corporation  shall  consolidate  its  stock,  property 
or  franchise  with  any  other  railroad  corporation  owning  a  competing 
lino. 

Sec.  17.  The  rolling  stock  and  other  movable  property  belonging  to 
any  railroad  company  or  corjx)ration  in  this  state  shall  be  considered 
personal  property,  and  shall  be  liable  to  taxation  and  to  execution  and 
sale-  in  the  same  manner  as  the  personal  property  of  individuals,  and 
such  property  shall  not  be  exempted  from  execution  and  sale. 

Sec.  18.  The  legislature  shall  pass  laws  establishing  reasonable  maxi- 
mum rates  of  charges  for  the  transportation  of  passengers  and  freight, 
and  to  correct  abuses,  and  to  prevent  discrimination  and  extortion  in 
the  rates  of  freight  and  passenger  tariffs  on  the  different  railroads  and 
other  common  carriers  in  the  state,  and  shall  enforce  such  laws  by  ad- 
equate penalties.  A  railroad  and  transportation  commission  may  be 
established  and  its  powers  and  duties  fully  defined  by  law. 

Sec.  19.  Any  association  or  corporation,  or  the  lessees  or  managers 
Washi  ngto  n — 7 


ioo  WASHINGTON 

thereof,  organized  for  the  purpose,  or  any  individual,  shall  have  the 
right  to  construct  and  maintain  lines  of  telegraph  and  telephone  within 
this  state,  and  said  companies  shall  receive  and  transmit  each  other's 
messages  without  delay  or  discrimination,  and  all  such  companies  are 
hereby  declared  to  be  common  carriers  and  subject  to  legislative  con- 
trol. Railroad  corporations  organized  or  doing  business  in  this  state 
shall  allow  telegraph  and  telephone  corporations  and  companies  to  con- 
struct and  maintain  telegraph  lines  on  and  along  the  rights-of-way  of  such 
railroads  and  railroad  companies,  and  no  railroad  corporation  organized 
or  doing  business  in  this  state  shall  allow  any  telegraph  corporation  or 
company  any  facilities,  privileges  or  rates  for  transportation  of  men  or 
material,  or  for  repairing  their  lines,  not  allowed  to  all  telegraph  com- 
panies. The  right  of  eminent  domain  is  hereby  extended  to  all  telegraph 
and  telephone  companies.  The  legislature  shall,  by  general  law  of 
uniform  operation,  provide  reasonable  regulations  to  give  effect  to  this 
section. 

Sec.  20.  No  railroad  or  other  transportation  company  shall  grant  free 
passes,  or  sell  tickets  or  passes  at  a  discount,  other  than  as  sold  to  the 
public  generally,  to  any  member  of  the  legislature,  or  to  any  person 
holding  any  public  office  within  this  state.  The  legislature  shall  pass 
laws  to  carry  this  provision  into  effect. 

Sec.  21.  Railroad  companies  now  or  hereafter  organized  or  doing 
business  in  this  state,  shall  allow  all  express  companies  organized  or 
doing  business  in  this  state,  transportation  over  all  lines  of  railroad 
owned  or  operated  by  such  railroad  companies  upon  equal  terms  with 
any  other  express  company,  and  no  railroad  corporation  organized  or 
doing  business  in  this  state  shall  allow  any  express  corporation  or  com- 
pany any  facilities,  privileges,  or  rates  for  transportation  of  men  or 
materials  or  property  carried  by  them,  or  for  doing  the  business  of  such 
express  companies,  not  allowed  to  all  express  companies. 

Sec.  22.  Monopolies  and  trusts  shall  never  be  allowed  in  this  state, 
and  no  incorporated  company,  copartnership,  or  association  of  persons 
in  this  state  shall  directly  or  indirectly  combine  or  make  any  contract 
with  any  other  incorporated  company,  foreign  or  domestic,  through 
their  stockholders,  or  the  trustees  or  assignees  of  such  stockholders,  or 
with  any  copartnership  or  association  of  persons,  or  in  any  manner 
whatever,  for  the  purpose  of  fixing  the  price  or  limiting  the  production 
or  regulating  the  transportation  of  any  product  or  commodity.  The 


THE  STATE  CONSTITUTION  101 


legislature  shall  pass  laws  for  the  enforcement  of  this'  section  by  ade- 
quate penalties,  and  in  case  of  incorporated  companies,  if  necessary  for 
that  purpose,  may  declare  a  forfeiture  of  their  charter. 

ARTICLE  XIII— STATE  INSTITUTIONS 

Section  i.  Educational,  reformatory,  and  penal  institutions;  those 
for  the  benefit  of  blind,  deaf,  dumb,  or  otherwise  defective  youth,  for 
the  insane  and  idiotic,  and  such  other  institutions  as  the  public  good 
may  require,  shall  be  fostered  and  supported  by  the  state,  subject  to 
such  regulations  as  may  be  provided  by  law.  The  regents,  trustees, 
or  commissioners  of  all  such  institutions  existing  at  the  time  of  the 
adoption  of  this  constitution,  and  of  such  as  shall  thereafter  be  estab- 
lished by  law,  shall  be  appointed  by  the  governor,  by  and  with  the  advice 
and  consent  of  the  senate;  and  upon  all  nominations  made  by  the 
governor,  the  question  shall  be  taken  by  the  ayes  and  nays,  and  entered 
upon  the  journal. 

ARTICLE  XIV— SEAT  OF  GOVERNMENT 

Section  i.  The  legislature  shall  have  no  power  to  change  or  to  lo- 
ratr  the  seat  of  government  of  this  state;  but  the  question  of  the  perma- 
nent location  of  the  seat  of  government  of  the  state  shall  be  submitted  to 
tin  qualified  electors  of  the  territory,  at  the  election  to  be  held  for  the 
adoption  of  this  constitution.  A  majority  of  all  the  votes  cast  at  said  elec- 
tion, upon  said  question,  shall  be  necessary  to  determine  the  permanent 
location  of  the  seat  of  government  for  the  state;  and  no  place  shall  ever 
be  the  seat  of  government  which  shall  not  receive  a  majority  of  the  votes 
cast  on  that- matter.  In  case  there  shall  be  no  choice  of  location  at  said 
first  election,  the  legislature  shall,  at  its  first  regular  session  after  the 
adoption  of  this  constitution,  provide  for  submitting  to  the  qualified 
electors  of  the  state,  at  the  next  succeeding  general  election  thereafter, 
the  question  of  choice  of  location  between  the  three  places  for  which  the 
highest  number  of  votes  shall  have  been  cast  at  the  said  first  election. 
Said  legislature  shall  provide  further  that  in  case  there  shall  be  no  choice 
of  location  at  said  second  election,  the  question  of  choice  between  the 
two  places  for  which  the  highest  number  of  votes  shall  have  been  cast, 
shall  be  submitted  in  like  manner  to  the  qualified  electors  of  the  state 
at  the  next  ensuing  general  election:  Provided,  That  until  the  seat  of 


102  WASHINGTON 

government  shall  Have  been  permanently  located  as  herein  provided, 
the  temporary  location  thereof  shall  remain  at  the  city  of  Olympia. 

Sec.  2.  When  the  seat  of  government  shall  have  been  located  as  herein 
provided,  the  location  thereof  shall  not  thereafter  be  changed  except  by 
a  vote  of  two  thirds  of  all  the  qualified  electors  of  the  state  voting  on 
that  question,  at  a  general  election,  at  which  the  question  of  location 
of  the  seat  of  government  shall  have  been  submitted  by  the  legis- 
lature. 

Sec.  3.  The  legislature  shall  make  no  appropriations  or  expendi- 
tures for  capitol  buildings  or  grounds,  except  to  keep  the  territorial 
capitol  buildings  and  grounds  in  repair,  and  for  making  all  necessary 
additions  thereto,  until  the  seat  of  government  shall  have  been  per- 
manently located,  and  the  public  buildings  are  erected  at  the  permanent 
capitol  in  pursuance  of  law. 

ARTICLE  XV— HARBORS  AND  TIDE  WATERS 

Section  i.  The  legislature  shall  provide  for  the  appointment  of  a 
commission  whose  duty  it  shall  be  to  locate  and  establish  harbor  lines 
in  the  navigable  waters  of  all  harbors,  estuaries,  bays,  and  inlets  of  this 
state,  wherever  such  navigable  waters  lie  within  or  in  front  of  the  cor- 
porate limits  of  any  city  or  within  one  mile  thereof  upon  either  side. 
The  state  shall  never  give,  sell,  or  lease  to  any  private  person,  corpora- 
tion, or  association  any  rights  whatever  in  the  waters  beyond  such 
harbor  lines,  nor  shall  any  of  the  area  lying  between  any  harbor  line 
and  the  line  of  ordinary  high  tide,  and  within  not  less  than  fifty  feet  nor 
more  than  600  feet  of  such  harbor  line  (as  the  commissioners  shall 
determine)  be  sold  or  granted  by  the  state,  not  its  right  to  .control  the 
same  relinquished,  but  such  area  shall  be  forever  reserved  for  land- 
ings, wharves,  streets,  and  other  conveniences  of  navigation  and  com- 
merce. 

Sec.  2.  The  legislature  shall  provide  general  laws  for  the  leasing  of 
the  right  to  build  and  maintain  wharves,  docks,  and  other  structures 
upon  the  areas  mentioned  in  section  i  of  this  article,  but  no  lease  shall 
be  made  for  any  term  longer  than  thirty  years,  or  the  legislature  may 
provide  by  general  laws  for  the  building  and  maintaining  upon  such 
area,  wharves,  docks,  and  other  structures. 

Sec.  3.  Municipal  corporations  shall  have  the  right  to  extend  their 


THE  STATE  CONSTITUTION  103 

streets  over  intervening  tide  lands  to  and  across  the  area  reserved  as 
herein  provided. 


ARTICLE  XVI— SCHOOL  AND  GRANTED  LANDS 

Section  i.  All  the  public  lands  granted  to  the  state  are  held  in  trust 
for  all  the  people,  and  none  of  such  lands,  nor  any  estate  or  interest 
therein,  shall  ever  be  disposed  of  unless  the  full  market  value  of  the 
estate  or  interest  disposed  of,  to  be  ascertained  in  such  manner  as  may 
be  provided  by  law,  be  paid  or  safely  secured  to  the  state;  nor  shall 
any  lands  which  the  state  holds  by  grant  from  the  United  States  (in 
any  case  in  which  the  manner  of  disposal  and  minimum  price  are  so 
prescribed)  be  disposed  of  except  in  the  manner  and  for  at  least  the 
price  prescribed  in  the  grant  thereof,  without  the  consent  of  the  United 
States. 

Sec.  2.  None  of  the  lands  granted  to  the  state  for  educational  pur- 
poses shall  be  sold  otherwise  than  at  public  auction  to  the  highest 
bidder.  The  value  thereof,  less  the  improvements,  shall,  before  the 
sale,  be  appraised  by  a  board  of  appraisers,  to  be  provided  by  law,  the 
terms  of  payment  also  to  be  prescribed  by  law,  and  no  sale  shall  be  valid 
unless  the  sum  bid  be  equal  to  the  appraised  value  of  said  land.  In 
estimating  the  value  of  said  lands  for  disposal,  the  value  of  the  improve- 
ments thereon  shall  be  excluded:  Provided,  That  the  sale  of  all  school 
and  university  land  heretofore  made  by  the  commissioners  of  any 
county  or  the  university  commissioners,  when  the  purchase  price  has 
been  paid  in  good  faith,  may  be  confirmed  by  the  legislature. 

Sec.  3.  No  more  than  one  fourth  of  the  land  granted  to  the  state  for 
educational  purposes  shall  be  sold  prior  to  January  i,  1895,  and  not 
more  than  one  half  prior  to  January  i,  1905:  Provided,  That  nothing 
herein  shall  be  so  construed  as  to  prevent  the  state  from  selling  the  tim- 
ber or  stone  off  of  any  of  the  state  lands  in  such  manner  and  on  such 
terms  as  may  be  prescribed  by  law:  And  provided  further,  That  no  sale 
of  timber  lands  shall  be  valid  unless  the  full  value  of  such  lands  is  paid 
or  secured  to  the  state. 

Sec.  4.  No  more  than  one  hundred  and  sixty  (160)  acres  of  any 
granted  lands  of  the  state  shall  be  offered  for  sale  in  one  parcel,  and  all 
lands  within  the  limits  of  any  incorporated  city,  or  within  two  miles  of 
the  boundary  of  any  incorporated  city,  where  the  valuation  of  such 


104  WASHINGTON 

lands  shall  be  found  by  appraisement  to  exceed  one  hundred  dollars 
($100)  per  acre,  shall,  before  the  same  be  sold,  be  platted  into  lots  and 
blocks  of  not  more  than  five  acres  in  a  block,  and  not  more  than  one 
block  shall  be  offered  for  sale  in  one  parcel. 

Sec.  5.  None  of  the  permanent  school  fund  shall  ever  be  loaned  to 
private  persons  or  corporations,  but  it  may  be  invested  in  national, 
state,  county,  or  municipal  bonds. 

ARTICLE  XVII— TIDE  LANDS 

Section  i.  The  state  of  Washington  asserts  its  ownership  to  the  beds 
and  shores  of  all  navigable  waters  in  the  state  up  to  and  including  the 
line  of  ordinary  high  tide,  in  waters  where  the  tide  ebbs  and  flows,  and 
up  to  and  including  the  line  of  ordinary  high  water  within  the  banks  of 
all  navigable  rivers  and  lakes:  Provided,  That  this  section  shall  not  be 
construed  so  as  to  debar  any  person  from  asserting  his  claim  to  vested 
rights  in  the  courts  of  the  state. 

Sec.  2.  The  state  of  Washington  disclaims  all  title  in  and  claim  to 
all  tide,  swamp,  and  overflowed  lands  patented  by  the  United  States: 
Provided,  The  same  is  not  impeached  for  fraud. 

ARTICLE  XVIII— STATE  SEAL 

Section  i.  The  seal  of  the  state  of  Washington  shall  be  a  seal  en- 
circled with  the  words:  "The  Seal  of  the  State  of  Washington,"  with 
the  vignette  of  General  George  Washington  as  the  central  figure,  and 
beneath  the  vignette  the  figures  "1889." 

ARTICLE  XIX— EXEMPTIONS 

Section  i.  The  legislature  shall  protect  by  law  from  forced  sale  a  cer- 
tain portion  of  the  homestead  and  other  property  of  all  heads  of  families. 

ARTICLE  XX— PUBLIC  HEALTH  AND  VITAL  STATISTICS 

Section  i.  There  shall  be  established  by  law  a  state  board  of  health 
and  a  bureau  of  vital  statistics  in  connection  therewith,  with  such 
powers  as  the  legislature  may  direct. 

Sec.  2.  The  legislature  shall  enact  laws  to  regulate  the  practice  of 
medicine  and  surgery,  and  the  sale  of  drugs  and  medicines. 


THE  STATE  CONSTITUTION  105 

ARTICLE  XXI— WATER  AND  WATER  RIGHTS 

Section  i.  The  use  of  the  waters  of  the  state  for  irrigation,  mining, 
and  manufacturing  purposes  shall  be  deemed  a  public  use. 

ARTICLE  XXII— LEGISLATIVE  APPORTIONMENT 

[This  article  has  been  superseded  by  statute.  At  present  there  are 
forty-two  senators.  Laws  of  1901,  p.  79,  provide  for  ninety-four  repre- 
sentatives, but  the  creation  of  Benton  county  since  adds  one  more 
representative  and  Grant  county  another,  making  the  total  ninety-six. 
See  laws  1909,  p.  186.] 

ARTICLE  XXIII— AMENDMENTS 

Section  i.  Any  amendment  or  amendments  to  this  constitution  may 
lx-  proposed  in  either  branch  of  the  legislature,  and  if  the  same  shall  be 
agreed  to  by  two  thirds  of  the  members  elected  to  each  of  the  two  houses, 
such  proposed  amendment  or  amendments  shall  be  entered  on  their 
journals,  with  the  ayes  and  noes  thereon,  antf  be  submitted  to  the 
(nullified  electors  of  the  state  for  their  approval,  at  the  next  general 
election,  and  if  the  people  approve  and  ratify  such  amendment  or 
amendments,  by  a  majority  of  the  electors  voting  thereon,  the  same 
shall  become  part  of  this  constitution,  and  proclamation  thereof  shall 
be  made  by  the  governor:  Provided:  That  if  more  than  one  amend- 
ment be  submitted,  they  shall  be  submitted  in  such  a  manner  that  the 
people  may  vote  for  or  against  such  amendments  separately.  The 
legislature  shall  also  cause  the  amendments  that  are  to  be  submitted 
to  the  people  to  be  published  for  at  least  three  months  next  preceding 
election,  in  some  weekly  newspaper  in  every  county  where  a  newspaper 
is  published  throughout  the  state. 

Sec.  2.  Whenever  two  thirds  of  the  members  elected  to  each  branch 
of  the  legislature  shall  deem  it  necessary  to  call  a  convention  to  revise 
or  amend  this  constitution,  they  shall  recommend  to  the  electors  to  vote 
at  the  next  general  election  for  or  against  a  convention,  and  if  a  majority 
of  all  the  electors  voting  at  said  election  shall  have  voted  for  a  conven- 
tion, the  legislature  shall,  at  the  next  session,  provide  by  law  for  calling 
the  same;  and  such  convention  shall  consist  of  a  number  of  members 
not  less  than  that  of  the  more  numerous  branch  of  the  legislature, 


io6  WASHINGTON 

Sec.  3.  Any  constitution  adopted  by  such  convention  shall  have  no 
validity  until  it  has  been  submitted  to  and  adopted  by  the  people. 

ARTICLE  XXIV— BOUNDARIES 

Section  i.  The  boundaries  of  the  state  of  Washington  shall  be  as 
follows:  Beginning  at  a  point  in  the  Pacific  ocean  one  marine  league 
due  west  of  and  opposite  the  middle  of  the  mouth  of  the  north  ship 
channel  of  the  Columbia  river,  thence  running  easterly  to  and  up  the 
middle  channel  of  said  river  and  where  it  is  divided  by  islands  up  the 
middle  of  the  widest  channel  thereof  to  where  the  forty-sixth  parallel 
of  north  latitude  crosses  said  river,  near  the  mouth  of  the  Walla  Walla 
river;  thence  east  on  said  forty-sixth  parallel  of  latitude  to  the  middle 
of  the  main  channel  of  the  Shoshone  or  Snake  river;  thence  follow  down 
the  middle  of  the  main  channel  of  Snake  river  to  a  point  opposite  the 
mouth  of  the  Kooskooskia  or  Clear  Water  river;  thence  due  north  to 
the  forty-ninth  parallel  of  north  latitude,  thence  west  along  said  forty- 
ninth  parallel  of  north  latitude  to  the  middle  of  the  channel  which 
separates  Vancouver's  Island  from  the  continent,  that  is  to  say  to  a 
point  in  longitude  123  degrees,  19  minutes  and  15  seconds  west;  thence 
following  the  boundary  line  between  the  United  States  and  British 
possessions  through  the  channel  which  separates  Vancouver's  Island 
from  the  continent  to  the  termination  of  the  boundary  line  between  the 
United  States  and  British  possessions  at  a  point  in  the  Pacific  ocean 
equi-distant  between  Bonilla  point  on  Vancouver's  Island  and  Tatoosh 
Island  lighthouse;  thence  running  in  a  southerly  course  and  parallel 
with  the  coast  line,  keeping  one  marine  league  off  shore,  to  place  of 
beginning. 

ARTICLE  XXV— JURISDICTION 

Section  i.  The  consent  of  the  state  of  Washington  is  hereby  given 
to  the  exercise,  by  the  congress  of  the  United  States  of  exclusive  legis- 
lation in  all  cases  whatsoever  over  such  tracts  or  parcels  of  land  as  are 
now  held  or  reserved  by  the  government  of  the  United  States  for  the 
purpose  of  erecting  or  maintaining  thereon  forts,  magazines,  arsenals, 
dockyards,  lighthouses,  and  other  needful  buildings,  in  accordance  with 
the  provisions  of  the  seventeenth  paragraph  of  the  eighth  section  of  the 
first  article  of  the  constitution  of  the  United  States,  so  long  as  the  same 


THE  STATE  CONSTITUTION  107 

shall  be  so  held  and  reserved  by  the  United  States:  Provided,  That  a 
sufficient  description  by  metes  and  bounds,  and  an  accurate  plat  or 
map  of  each  such  tract  or  parcel  of  land  be  filed  in  the  proper  office  of 
record  in  the  county  in  which  the  same  is  situated,  together  with  copies 
of  the  orders,  deeds,  patents,  or  other  evidences  in  writing  of  the  title  of 
the  United  States:  And  provided,  That  all  civil  process  issued  from  the 
courts  of  this  state,  and  such  criminal  process  as  may  issue  under  the 
authority  of  this  state,  against  any  person  charged  with  crime  in  cases 
arising  outside  of  such  reservation,  may  be  served  and  executed  thereon 
in  the  same  mode  and  manner,  and  by  the  same  officers,  as  if  the  con- 
sent herein  had  not  been  made. 

ARTICLE  XXVI-COMPACT  WITH  THE  UNITED  STATES 

The  following  ordinance  shall  be  irrevocable  without  the  consent  of 
the  United  States  and  the  people  of  this  state: 

First:  That  perfect  toleration  of  religious  sentiment  shall  be  secured, 
and  that  no  inhabitant  of  this  state  shall  ever  be  molested  in  person  or 
property  on  account  of  his  or  her  mode  of  religious  worship. 

Second:  That  the  people  inhabiting  this  state  do  agree  and  declare 
that  they  forever  disclaim  all  right  and  title  to  the  unappropriated 
public  lands  lying  within  the  boundaries  of  this  state,  and  to  all  lands 
lying  within  said  limits  owned  or  held  by  any  Indian  or  Indian  tribes; 
and  that,  until  the  title  thereto  shall  have  been  extinguished  by  the 
United  States,  the  same  shall  be  and  remain  subject  to  the  disposition 
of  the  United  States,  and  said  Indian  lands  shall  remain  under  the 
absolute  jurisdiction  and  control  of  the  congress  of  the  United  States, 
and  that  the  lands  belonging  to  citizens  of  the  United  States  residing 
without  the  limits  of  this  state  shall  never  be  taxed  at  a  higher  rate  than 
tin  lands  belonging  to  residents  thereof,  and  that  no  taxes  shall  be 
imposed  by  the  state  on  lands  or  property  therein  belonging  to  or  which 
may  be  hereafter  purchased  by  the  United  States  or  reserved  for  use: 
Provided,  That  nothing  in  this  ordinance  shall  preclude  the  state  from 
taxing,  as  other  lands  are  taxed,  any  lands  owned  or  held  by  any  Indian 
who  has  severed  his  tribal  relation,  and  has  obtained  from  the  United 
States  or  from  any  person  a  title  thereto  by  patent  or  other  grant,  save 
and  except  such  lands  as  have  been  or  may  be  granted  to  any  Indian  or 
Indians  under  any  act  of  congress  containing  a  provision  exempting 


io8  WASHINGTON 

the  lands  thus  granted  from  taxation,  which  exemption  shall  continue 
so  long  and  to  such  an  extent  as  such  act  of  congress  may  prescribe. 

Third :  The  debts  and  liabilities  of  the  territory  of  Washington,  and 
payment  of  the  same,  are  hereby  assumed  by  this  state. 

Fourth:  Provision  shall  be  made  for  the  establishment  and  mainte- 
nance of  systems  of  public  schools  free  from  sectarian  control,  which 
shall  be  open  to  all  the  children  of  said  state. 

ARTICLE  XXVII— SCHEDULE 

In  order  that  no  inconvenience  may  arise  by  reason  of  a  change  from 
territorial  to  a  state  government,  it  is  hereby  declared  and  ordained  as 
follows: 

Section  i.  No  existing  rights,  actions,  suits,  proceedings,  contracts,  or 
claims  shall  be  affected  by  a  change  in  the  form  of  government,  but  all 
shall  continue  as  if  no  change  had  taken  place;  and  all  process  which 
may  have  been  issued  under  the  authority  of  the  territory  of  Washing- 
ton previous  to  its  admission  into  the  Union  shall  be  as  valid  as  if  issued 
in  the  name  of  the  state. 

Sec.  2.  All  laws  now  in  force  in  the  territory  of  Washington,  which 
are  not  repugnant  to  this  constitution,  shall  remain  in  force  until  they 
expire  by  their  own  limitation,  or  are  altered  or  repealed  by  the  legis- 
lature: Provided,  That  this  section  shall  not  be  so  construed  as  to 
validate  any  act  of  the  legislature  of  Washington  territory  granting 
shore  or  tide  lands  to  any  person,  company,  or  any  municipal  or  private 
corporation. 

Sec.  3.  All  debts,  fines,  penalties,  and  forfeitures,  which  have  ac- 
crued, or  may  hereafter  accrue,  to  the  territory  of  Washington,  shall 
inure  to  the  state  of  Washington. 

Sec.  4.  All  recognizances  heretofore  taken,  or  which  may  be  taken 
before  the  change  from  a  territorial  to  a  state  government,  shall  remain 
valid,  and  shall  pass  to  and  may  be  prosecuted  in  the  name  of  the  state, 
and  all  bonds  executed  to  the  territory  of  Washington,  or  to  any  county 
or  municipal  corporation,  or  to  any  officer  or  court  in  his  or  its  official 
capacity,  shall  pass  to  the  state  authorities  and  their  successors  in  office, 
for  the  uses  therein  expressed,  and  may  be  used  for  and  recovered 
accordingly,  and  all  the  estate,  real,  personal,  and  mixed,  and  all  judg- 
ments, decrees,  bonds,  specialties,  choses  in  action,  and  claims  or  debts, 


THE  STATE  CONSTITUTION 


109 


of  whatever  description,  belonging  to  the  territory  of  Washington, 
shall  inure  to  and  vest  in  the  state  of  Washington,  and  may  be  sued  for 
and  recovered  in  the  same  manner,  and  to  the  same  extent  by  the  state 
of  Washington,  as  the  same  could  have  been  by  the  territory  of  Wash- 
ington. 

Sec.  5.  All  criminal  prosecutions  and  penal  actions  which  may  have 
arisen,  or  which  may  arise,  before  the  change  from  a  territorial  to  a 
state  government,  and  which  shall  be  pending,  shall  be  prosecuted  to 
judgment  and  execution  in  the  name  of  the  state.  All  offenses  committed 
against  the  laws  of  the  territory  of  Washington,  before  the  change  from 
a  territorial  to  state  government,  and  which  shall  not  be  prosecuted 
before  such  change,  may  be  prosecuted  in  the  name  and  by  the  authority 
of  the  state  of  Washington,  with  like  effect  as  though  such  change  had 
not  taken  place;  and  all  penalties  incurred  shall  remain  the  same  as  if 
this  constitution  had  not  been  adopted.  All  actions  at  law  and  suits  in 
equity  which  may  be  pending  in  any  of  the  courts  of  the  territory  of 
Washington,  at  the  time  of  the  change  from  a  territorial  to  a  state  gov- 
ernment, shall  be  continued  and  transferred  to  the  court  of  the  state 
having  jurisdiction  of  the  subject  matter  thereof. 

Sec.  6.  All  officers  now  holding  their  office  under  the  authority  of  the 
United  States,  or  of  the  territory  of  Washington,  shall  continue  to  hold 
and  exercise  their  respective  offices  until  they  shall  be  superseded  by  the 
authority  of  the  state. 

Sec.  7.  All  officers  provided  for  in  this  constitution,  including  a 
county  clerk  for  each  county,  when  no  other  time  is  fixed  for  their  elec- 
tion, shall  be  elected  at  the  election  to  be  held  for  the  adoption  of  this 
constitution  on  the  first  Tuesday  of  October,  1889." 

Sec.  8.  Whenever  the  judge  of  the  superior  court  of  any  county, 
elected  or  appointed  under  the  provisions  of  this  constitution,  shall  have 
qualified,  the  several  causes  then  pending  in  the  district  court  of  the 
territory,  except  such  causes  as  would  have  been  within  the  exclusive 
jurisdiction  of  the  United  States  district  court,  had  such  court  existed 
at  the  time  of  the  commencement  of  such  causes  within  such  county, 
and  the  records,  papers,  and  proceedings  of  said  district  court,  and  the 
seal  and  other  property  pertaining  thereto,  shall  pass  into  the  jurisdic- 
tion and  possession  of  the  superior  court  for  such  county.  And  where 
the  same  judge  is  elected  for  two  or  more  counties,  it  shall  be  the  duty 
of  the  clerk  of  the  district  court  having  custody  of  such  papers  and 


110  WASHINGTON 

records  to  transmit  to  the  clerk  of  such  county  or  counties,  other  than 
that  in  which  such  records  are  kept,  the  original  papers  in  all  cases 
pending  in  such  district  court  and  belonging  to  the  jurisdiction  of  such 
county  or  counties,  together  with  a  transcript  of  so  much  of  the  records  of 
said  district  court  as  relate  to  the  same;  and  until  the  district  courts  of 
the  territory  shall  be  superseded  in  manner  aforesaid,  the  said  district 
courts  and  the  judges  thereof  shall  continue  with  the  same  jurisdiction 
and  powers,  to  be  exercised  in  the  same  judicial  districts,  respectively, 
as  heretofore  constituted  under  the  laws  of  the  territory.  Whenever  a 
quorum  of  the  judges  of  the  supreme  court  of  the  state  shall  have  been 
elected  and  qualified,  the  causes  then  pending  in  the  supreme  court  of 
the  territory,  except  such  causes  as  would  have  been  within  the  exclusive 
jurisdiction  of  the  United  States  circuit  court,  had  such  court  existed 
at  the  time  of  the  commencement  of  such  causes,  and  the  papers,  records 
and  proceedings  of  said  court,  and  the  seal  and  other  property  pertain- 
ing thereto,  shall  pass  into  the  jurisdiction  and  possession  of  the  supreme 
court  of  the  state,  and  until  so  superseded,  the  supreme  court  of  the 
territory  and  the  judges  thereof  shall  continue  with  like  powers  and 
jurisdiction  as  if  this  constitution  had  not  been  adopted. 

Sec.  9.  Until  otherwise  provided  by  law,  the  seal  now  in  use  in  the 
supreme  court  of  the  territory  shall  be  the  seal  of  the  supreme  court 
of  the  state.  The  seals  of  the  superior  courts  of  the  several  counties 
of  the  state  shall  be,  until  otherwise  provided  by  law,  the  vignette 
of  General  George  Washington,  with  the  words:  "Seal  of  the  Superior 

Court  of County,"  .surrounding  the  vignette.  The  seal  of 

municipalities,  and  all  county  officers  of  the  territory,  shall  be  the  seals 
of  such  municipalities  and  county  officers,  respectively,  under  the  state, 
until  otherwise  provided  by  law. 

Sec.  10.  When  the  state  is  admitted  into  the  Union,  and  the  superior 
courts  in  the  respective  counties  organized,  the  books,  records,  papers 
and  proceedings  of  the  probate  court  in  each  county,  and  all  causes  and 
matters  of  administration  pending  therein,  shall,  upon  the  expiration  of 
the  term  of  office  of  the  probate  judges,  on  the  second  Monday  in  Jan- 
uary, 1891,  pass  into  the  jurisdiction  and  possession  of  the  superior 
court  of  the  same  county  created  by  this  constitution,  and  the  said  court 
shall  proceed  to  final  judgment  or  decree,  order  or  other  determination, 
in  the  several  matters  and  causes  as  the  territorial  probate  court  might 
have  done  if  this  constitution  had  not  been  adopted.  And  until  the 


THE  STATE  CONSTITUTION  III 

expiration  of  the  term  of  office  of  the  probate  judges,  such  probate 
judges  shall  perform  the  duties  now  imposed  upon  them  by  the  laws  of 
the  territory.  The  superior  courts  shall  have  appellate  and  revisory 
jurisdiction  over  the  decisions  of  the  probate  courts,  as  now  provided 
by  law,  until  such  latter  courts  expire  by  limitation. 

Sec.  n.  The  legislature,  at  its  first  session,  shall  provide  for  the 
election  of  all  officers  whose  election  is  not  provided  for  elsewhere  in  this 
constitution,  and  fix  the  time  for  commencement  and  duration  of  their 
term. 

Sec.  12.  In  case  of  a  contest  of  election  between  candidates,  at  the 
first  general  election  under  this  constitution,  for  judges  of  the  superior 
courts,  the  evidence  shall  be  taken  in  the  manner  prescribed  by  the 
territorial  laws,  and  the  testimony  so  taken  shall  be  certified  to  the  sec- 
retary of  state;  and  said  officer,  together  with  the  governor  and  treas- 
urer of  state,  shall  review  the  evidence  and  determine  who  is  entitled 
to  the  certificate  of  election. 

Sec.  13.  One  representative  in  the  congress  of  the  United  States 
shall  be  elected  from  the  state  at  large,  at  the  first  election  provided  for 
in  this  constitution;  and  thereafter  at  such  times  and  places  and  in 
such  manner  as  may  be  prescribed  by  law.  When  a  new  apportionment 
shall  be  made  by  congress,  the  legislature  shall  divide  the  state  into 
congressional  districts,  in  accordance  with  such  apportionment.  The 
vote  cast  for  representative  in  congress,  at  the  first  election,  shall  be 
canvassed  and  the  result  determined  in  the  manner  provided  for  by  the 
laws  of  the  territory  for  the  canvass  of  the  vote  for  delegate  in  congress. 

Sec.  14.  All  district,  county,  and  precinct  officers,  who  may  be  in 
office  at  the  time  of  the  adoption  of  this  constitution,  and  the  county 
clerk  of  each  county  elected  at  the  first  election,  shall  hold  their  respec- 
tive offices  until  the  second  Monday  of  January,  A.  D.  1891,  and  until 
such  time  as  their  successors  may  be  elected  and  qualified,  in  accordance 
with  the  provisions  of  this  constitution;  and  the  official  bond  of  all 
such  officers  shall  continue  in  full  force  and  effect  as  though  this  consti- 
tution had  not  been  adopted.  And  such  officers  shall  continue  to  receive 
the  compensation  now  provided  until  the  same  is  changed  by  law. 

Sec.  15.  The  election  held  at  the  time  of  the  adoption  of  this  consti- 
tution shall  be  held  and  conducted  in  all  respects  according  to  the  laws 
of  the  territory,  and  the  votes  cast  at  said  election  for  all  officers  (where 
no  other  provisions  are  made  in  this  constitution),  and  for  the  adoption 


112  WASHINGTON 

of  this  constitution  and  the  several  separate  articles,  and  the  location 
of  the  state  capitol,  shall  be  canvassed  and  returned  in  the  several 
counties  in  the  manner  provided  by  territorial  law,  and  shall  be  returned 
to  the  secretary  of  the  territory  in  the  manner  provided  by  the  enabling 
act. 

Sec.  16.  The  provisions  of  this  constitution  shall  be  in  force  from 
the  day  on  which  the  president  of  the  United  States  shall  issue  his 
proclamation  declaring  the  state  of  Washington  admitted  into  the 
Union,  and  the  terms  of  all  officers  elected  at  the  first  election  under 
the  provisions  of  this  constitution  shall  commence  on  the  Monday  next 
succeeding  the  issue  of  said  proclamation,  unless  otherwise  provided 
herein. 

Sec.  17.  The  following  separate  articles  shall  be  submitted  to  the 
people  for  adoption  or  rejection  at  the  election  for  the  adoption  of  this 
constitution:  Separate  article  No.  i:  "All  persons,  male  and  female 
of  the  age  of  21  years,  or  over,  possessing  the  other  qualifications  pro- 
vided by  this  constitution,  shall  be  entitled  to  vote  at  all  elections." 
Separate  article  No.  2:  "It  shall  not  be  lawful  for  any  individual,  com- 
pany, or  corporation,  within  the  limits  of  this  state,  to  manufacture,  or 
cause  to  be  manufactured,  or,  to  sell  or  offer  for  sale,  or  in  any  man- 
ner dispose  of  any  alcoholic,  malt,  or  spirituous  liquors,  except  for 
medicinal,  sacramental  or  scientific  purposes."  If  a  majority  of  the 
ballots  cast  at  said  election  on  said  separate  articles  be  in  favor  of  the 
adoption  of  either  of  said  separate  articles,  then  such  separate  articles 
so  receiving  a  majority  shall  become  a  part  of  this  constitution  and  shall 
govern  and  control  any  provision  of  the  constitution  in  conflict  there- 
with. 

Sec.  1 8.  The  form  of  ballot  to  be  used  in  voting  fcr  or  against  this 
constitution,  or  for  or  against  the  separate  articles,  or  for  the  permanent 
location  of  the  government,  shall  be: 

1.  For  the  Constitution. 
Against  the  Constitution. 

2.  For  Woman  Suffrage  Article. 
Against  Woman  Suffrage  Article. 

3.  For  Prohibition  Article. 
Against  Prohibition  Article. 

4.  For  the  permanent  location  of  the  seat  of  government    (Name  of 
place  voted  for.) 


THE  STATE   CONSTITUTION 


Sec.  19.  The  Legislature  is  hereby  authorized  to  appropriate  from 
the  state  treasury  sufficient  money  to  pay  any  of  the  expenses  of  this 
constitution  not  provided  for  by  the  enabling  act  of  congress. 

CERTIFICATE 

We,  the  undersigned,  members  of  the  convention  to  form  a  constitu- 
tion for  the  state  of  Washington,  which  is  to  be  submitted  to  the  people 
for  their  adoption  or  rejection,  do  hereby  declare  this  to  be  the  consti- 
tution formed  by  us,  and  in  testimony  thereof,  do  hereunto  set  our 
ha m Is,  this  twenty-second  day  of  August,  anno  domini,  one  thousand 
eight  hundred  and  eighty-nine. 


JOHN  P.  HOYT,  President, 
J.  J.  BROWNE, 
N.  G.  BLALOCK, 
JOHN  F.  GOWEY, 
FRANK  M.  DALLAM, 
JAMES  Z.  MOORE, 
E.  H.  SULLIVAN, 
GEORGE  TURNER, 
AUSTIN  MIERS, 

M.  M.  GODMAN, 

GWIN  HICKS, 
WM.  F.  PROSSER, 
Louis  SOHNS, 

A.  A.  LlNDSLEY, 

J.  J.  WEISENBURGER, 
P.  C.  SULLIVAN, 
R.  S.  MORE, 
THOMAS  T.  MINOR, 
J.  J.  TRAVIS, 
ARNOLD  J.  WEST, 
CHARLES  T.  FAY, 
CHARLES  P.  COEY, 
ROB'T  F.  STURDEVANT, 
JOHN  A.  SHOUDY, 
ALLEN  WEIR, 


FRANCIS  HENRY, 
GEORGE  COMEGYS, 
OLIVER  H.  JOY, 
DAVID  E.  DURIE, 
D.  BUCHANAN, 
JOHN  R.  KINNEAR, 
GEORGE  W.  TIBBETTS, 
H.  W.  FAIR  WEATHER, 
THOMAS  C.  GRIFFITHS, 

C.  H.  WARNER, 

J.  P.  T.  MCCROSKEY, 
S.  G.  COSGROVE, 
THOS.  HAYTON, 
SAM'L  H.  BERRY, 

D.  J.  CROWLEY, 
J.  T.  MCDONALD, 
JOHN  M.  REED, 
EDWARD  ELDRIDGE, 
GEO.  H.  STEVENSON, 
SILVIUS  A.  DICKEY, 
HENRY  WINSOR, 
THEODORE  L.  STILES, 
JAMES  A.  BURK, 
JOHN  MCREAVY, 

R.  O.  DUNBAR, 


114  WASHINGTON 

W.  B.  GRAY,  MORGAN  MORGANS, 

TRUSTEN  P.  DYER,  JAMES  POWER, 

GEO.  H.  JONES,  B.  B.  GLASCOCK, 

B.  L.  SHARPSTEIN,  O.  A.  BOWEN, 

H.  M.  LILLIS,  HARRISON  CLOTHIER, 

J.  F.  VAN  NAME,  MATT  C.  MCELROY, 

ALBERT  SCHOOLEY,  J.  T.  ESHELMAN, 

H.  C.  WILLISON,  ROBERT  JAMIESON, 

T.  M.  REED,  HIRAM  E.  ALLEN, 

S.  H.  MANLY,  H.  F.  SUKSDORF, 

RICHARD  JEFFS,  J.  C.  KELLOGG, 
Attest: 

JNO.  I.  BOOGE,  Chief  Clerk. 

CONSTITUTIONAL  AMENDMENTS 
AMENDMENT  i 

Art.  16.  Sec.  5.  Investment  of  School  Fund. — None  of  the  per- 
manent school  fund  of  this  state  shall  ever  be  loaned  to  private  persons 
or  corporations,  but  it  may  be  invested  in  national,  state,  county, 
municipal,  or  school  district  bonds. 

Adopted  November,  1894. 

AMENDMENT  2 

Art.  6.  Sec.  i.  Qualifications  of  Voters. — All  male  persons  of  the 
age  of  twenty -one  years  or  over,  possessing  the  following  qualifications, 
shall  be  entitled  to  vote  at  all  elections:  They  shall  be  citizens  of  the 
United  States;  they  shall  have  lived  in  the  state  one  year,  and  in  the 
county  ninety  days,  and  in  the  city,  town,  ward,  or  precinct  thirty  days 
immediately  preceding  the  election  at  which  they  offer  to  vote;  they 
shall  be  able  to  read  and  speak  the  English  language:  Provided,  That 
Indians  not  taxed  shall  never  be  allowed  the  elective  franchise:  And 
further  provided,  That  this  amendment  shall  not  affect  the  right  of 
franchise  of  any  person  who  is  now  a  qualified  elector  of  this  state.  The 
legislature  shall  enact  laws  defining  the  manner  of  ascertaining  the 
qualifications  of  voters  as  to  their  ability  to  read  and  speak  the  English 


THE  STATE  CONSTITUTION  115 

language,  and  providing  for  punishment  of  persons  voting  or  register- 
ing in  violation  of  the  provisions  of  this  section. 
Approved  November,  1896. 

AMENDMENT  3 

Art.  7,  Sec.  2,  was  amended  by  adding  the  following  proviso:  "And 
provided  further,  That  the  legislature  shall  have  power,  by  appropriate 
legislation,  to  exempt  personal  property  to  the  amount  of  $300  for  each 
head  of  a  family  liable  to  assessment  and  taxation  under  the  provisions 
of  the  laws  of  this  state  of  which  the  individual  is  the  actual  bona  fide 
owner." 

Approved  November,  1900. 

AMENDMENT  4 

Art.  i.  Sec.  n.  Absolute  freedom  of  conscience  in  all  matters  of 
religious  sentiment,  belief  and  worship,  shall  be  guaranteed  to  every 
individual,  and  no  one  shall  be  molested  or  be  disturbed  in  person  or 
property  on  account  of  religion;  but  the  liberty  of  conscience  hereby 
secured  shall  not  be  so  construed  as  to  excuse  acts  of  licentiousness  or 
justify  practices  inconsistent  with  the  peace  and  safety  of  the  state. 
No  public  money  or  property  shall  be  appropriated  for  or  applied  to 
any  religious  worship,  exercise,  or  instruction,  or  support  of  any  reli- 
gious establishment.  Provided,  however,  That  this  article  shall  not  be 
so  construed  as  to  forbid  the  employment  by  the  state  of  a  chaplain  for 
the  state  penitentiary,  and  for  such  of  the  state  reformatories  as  in  the 
discretion  of  the  legislature  may  seem  justified.  No  religious  qualifi- 
cations shall  be  required  for  any  public  office  or  employment,  nor  shall 
any  person  be  incompetent  as  a  witness  or  juror,  in  consequence  of  his 
opinion  on  matters  of  religion,  nor  be  questioned  in  any  court  of  justice 
touching  his  religious  belief  to  affect  the  weight  of  his  testimony. 

Approved  November,  1904. 

AMENDMENT  5 

Art.  6,  Sec.  x.  Qualification  of  Voters.  This  amendment  extends 
the  right  of  suffrage  to  women  by  striking  out  the  word  male  from 
Art.  6,  Sec.  i,  of  the  constitution.  (See  Amendment  2,  page  114.) 

Approved  November,  1910. 
Washington — 8 


CHAPTER  VIII 
ARTICLE  I.    ANALYSIS  OF  THE  CONSTITUTION 

Preamble. — The  constitution  of  the  United  States,  and 
also  that  of  every  state  in  the  Union,  has  an  introduction, 
or  preamble,  as  it  is  called.  The  preamble  is  the  "enacting 
clause"  of  the  constitution,  and  it  is  also  designed  to  show  the 
reason  for  its  establishment.  The  preamble  to  the  constitu- 
tion of  Washington  is  as  follows:  "We,  the  People  of  the  State 
of  Washington,  Gratefulto  the  Supreme  Ruler  of  the  Uni- 
verse for  Our  Liberties,  Do  Ordain  this  Constitution." 

ARTICLE  I.    BILL  OF  RIGHTS 

Political  Power. — Section  one  of  the  first  article  of  the  con- 
stitution defines  the  civil  rights  of  the  people  of  the  state. 
It  declares  that  all  political  powers  are  inherent  in  the  people, 
and  that  governments  derive  their  just  powers  from  the  con- 
sent of  the  governed.  The  purpose  of  government  is  to 
protect  and  maintain  the  rights  of  the  people.  The  essence 
of  all  free  government  is  contained  in  the  immortal  words  of 
Abraham  Lincoln,  "A  government  of  the  people,  by  the 
people,  and  for  the  people." 

Supreme  Law. — Section  two  declares  the  constitution  of 
the  United  States  to  be  the  supreme  law  of  the  land.  The 
adoption  of  this  section  was  required  by  the  enabling  act 
passed  by  congress  for  the  admission  of  the  state.  Its  purpose 
is  to  show  that,  in  its  application  to  the  states,  the  constitution 
of  the  United  States  is  the  highest  law  of  the  land. 

116 


BILL  OF  RIGHTS  117 

Personal  Rights. — Section  three  asserts  that  no  person 
shall  be  deprived  of  life,  liberty,  or  property  without  due 
process  of  law.  This  is  but  an  echo  of  the  declaration  of 
independence,  and  it  shows  how  lasting  have  been  the  re- 
sults of  that  struggle  for  independence  during  the  dark  days 
of  the  American  revolution. 

Petition. — By  the  next  section,  the  right  of  petition  and 
also  the  right  of  the  people  peaceably  to  assemble  for  the 
common  good  are  assured.  The  English  colonists  claimed 
both  of  these  privileges,  from  time  to  time,  and  the  refusal  of 
the  king  to  listen  to  their  petitions  had  much  to  do  with  the 
revolt  of  the  colonies. 

Freedom  of  Speech. — Section  five  gives  every  person  the 
ri<^ht  to  speak,  write,  and  publish  his  sentiments  on  any  and 
all  subjects,  being  responsible  for  the  abuse  of  that  right. 
No  law  can  be  passed  to  restrict  liberty  of  speech  or  of  the 
press,  but  any  person  is  liable  to  prosecution  for  the  abuse  of 
this  right.  In  all  prosecutions  for  libel,  if  it  can  be  proved 
that  the  matter  charged  as  libelous  is  true,  the  person  accused 
must  be  acquitted.  Article  one  of  amendments  to  the  consti- 
tution of  the  United  States  protects  the  same  freedom  of 
speech  and  of  the  press  against  any  interference  by  congress. 

Oaths. — The  next  section  is  intended  to  make  the  taking 
of  an  oath,  or  affirmation,  consistent  with  and  binding  upon 
the  conscience  of  the  person  taking  it.  Some  persons,  on 
account  of  their  religious  belief,  object  to  taking  an  oath  as 
administered  jn  the  usual  legal  form.  Such  persons  are 
permitted  to  make  an  affirmation  in  giving  testimony  in 
court. 

Private  Affairs. — Section  seven  secures,  to  each  individual, 
freedom  from  disturbance  in  his  private  affairs,  except  in  a 
manner  prescribed  by  law.  The  same  thing  applies  to  the 


Ii8  WASHINGTON 

invasion  of  the  home.  The  rights  here  guaranteed  are  of 
the  greatest  importance  to  a  free  people. 

Prohibition. — Section  eight  prohibits  the  legislature  from 
granting  irrevocably  any  privilege,  franchise,  or  immunity. 
In  these  days  of  great  corporations,  if  a  privilege,  franchise, 
or  immunity  could  be  obtained  from  the  legislature,  to  be  in 
force  for  all  time  to  come,  the  temptation  to  secure  such 
privileges  would  be  very  great,  and  the  methods  employed 
might  be  very  questionable.  The  prohibition  contained  in 
this  section  is  a  wise  one. 

Criminal  Cases. — By  the  provisions  of  section  nine,  no 
person  accused  of  crime  shall  be  compelled  to  give  evidence 
against  himself.  This  does  not  prevent  him  from  testifying 
in  his  own  behalf,  if  he  chooses  to  do  so.  The  section  also 
provides  that  no  accused  person  shall  be  twice  put  in  jeopardy 
(of  life  or  limb)  for  the  same  offense. 

Justice. — In  colonial  days,  persons  accused  of  crime,  or 
arrested  merely  on  suspicion,  were  sometimes  seized  and  kept 
in  prison  for  months  before  they  were  given  a  trial.  Some- 
times the  charges  against  them  were  made  secretly,  and  they 
were  the  victims  of  great  injustice.  Section  ten  of  the  con- 
stitution guarantees,  in  all  cases,  that  justice  shall  be  admin- 
istered openly  and  speedily. 

Religious  Liberty. — Section  eleven  secures  to  the  inhabit- 
ants of  this  state  full  religious  liberty,  and  no  one  is  to  be 
disturbed  in  person  or  property  on  account  of  his  religious 
views.  It  prohibits  the  use  of  public  money  or  property  for 
any  religious  purpose.  It  also  forbids  the  requirement  of  any 
religious  test  as  a  qualification  for  office  or  for  a  position  of 
trust.  It  is  intended  that  no  person  shall  be  deprived  of  any 
rights  or  privileges  on  account  of  his  opinions  on  religious 
matters.  This  is  in  accordance  with  the  spirit  of  the  consti- 


BILL  OF  RIGHTS 


119 


tution  of  the  United  States,  upon  which  the  state  constitution 
is  based.  This  section  further  provides  that  no  person  shall 
be  incompetent  as  a  witness  or  juror  on  account  of  his  re- 
ligious belief.  (See  amendment  4  to  state  constitution.) 

Laws  Uniform. — By  section  twelve,  the  legislature  is  for- 
bidden to  pass  any  law  granting  to  any  citizen,  class  of 
citizens,  or  corporation  other  than  municipal,  privileges  or 
immunities  which  shall  not  apply  to  all  other  persons,  under 
the  same  circumstances.  All  laws  of  a  general  nature  must 
be  uniform  in  their  operation.  It  is  a  fundamental  principle 
of  all  free  government  that  there  shall  be  no  privileged 
classes. 

Habeas  Corpus. — Section  thirteen  secures  to  all  the  right 
of  a  writ  of  habeas  corpus,  when  application  is  made  accord- 
ing to  law.  This  right  can  be  suspended  and  the  writ  refused, 
only  in  case  of  rebellion  or  invasion,  or  when  the  public 
safety  may  require  it.  The  writ  of  Jiabeas  corpus  has  been 
called  "The  great  writ  of  personal  liberty."  This  writ  is 
issued  by  a  judge  of  the  court  having  jurisdiction  over  the 
crime,  and  cannot  be  refused  when  proper  application  is 
made  by  the  accused  under  oath,  unless,  in  case  of  rebellion 
or  invasion,  the  public  safety  may  require  it.  The  writ  had 
its  origin  in  England  in  the  "Magna  Charta,"  granted  by 
King  John,  in  the  year  1215.  Our  forefathers  esteemed  this 
one  of  their  grandest  privileges,  and  it  has  always  been 
recognized  as  an  inherent  right  of  all  citizens  of  the  United 
States. 

Excessive  Bail. — Section  fourteen  provides  that  any  bail 
required  shall  not  be  excessive;  that  is,  not  out  of  proportion 
to  the  nature  of  the  crime  for  which  it  is  taken.  The  imposing 
of  excessive  fines  and  the  inflicting  of  cruel  and  unusual 
punishments  are  expressly  forbidden. 


120  WASHINGTON 

Corruption  of  Blood. — Section  -fifteen  declares  that  no 
conviction  shall  work  corruption  of  blood,  or  forfeiture  of 
estate.  The  necessity  for  such  a  section  is  not  clear  to  us, 
perhaps,  unless  we  remember  that  in  England  a  few  centuries 
ago,  conviction  for  certain  offenses,  such  as  treason,  had  very 
serious  effects.  As  a  matter  of  course,  the  convicted  person's 
estate  was  seized  for  the  crown,  his  blood  was  declared  at- 
tainted, or  corrupted,  and  his  heirs  were  not  permitted  to 
inherit  any  part  of  his  property. 

Property  Condemned. — The  next  section  secures  to  the 
people  an  important  right.  By  its  provisions,  private  property 
cannot  be  taken  for  the  use  of  the  public  without  just  com- 
pensation to  the  owner.  The  damages  resulting  from  the 
appropriation  of  private  property  for  public  purposes,  must 
be  assessed  by  a  jury,  but  no  benefit  that  the  owner  of  the 
property  would  receive  from  the  improvements  for  which  it 
is  taken,  can  be  considered  in  rendering  the  decision  for 
damages.  Every  one  is  entitled  to  the  use  of  his  property 
to  the  exclusion  of  all  other  private  citizens,  but  sometimes 
it  becomes  necessary  to  sacrifice  private  rights  for  the  public 
good. 

Imprisonment  for  Debt. — Imprisonment  for  debt,  except 
in  the  case  of  absconding  debtors,  is  prohibited  by  the  seven- 
teenth section.  So  long  as  the  English  common  law  was  in 
force  in  this  country,  imprisonment  for  debt  was  common, 
but  now  it  is  usually  forbidden  by  constitution  or  statute  in 
all  the  states.  If  the  action  of  the  debtor  is  such  that  it  is 
reasonable  to  suppose  that  he  intends  to  avoid  the  payment 
of  his  debts  by  concealing  his  property,  or  removing  it  from 
the  state,  the  provisions  of  this  section  will  not  apply. 

Military. — Section  eighteen  places  the  military  subordinate 
to  the  civil  power.  Most  of  the  states  provide  that  no  stand- 


BILL  OF  RIGHTS  121 

ing  army  shall  be  kept  up  in  the  state,  in  time  of  peace,  and 
that  no  appropriation  for  a  standing  army,  in  time  of  war, 
shall  be  for  a  longer  period  than  two  years. 

Suffrage. — The  perpetuity  of  a  government  by  the  people 
depends  upon  a  free  and  equal  election,  and  the  right  of  each 
elector  to  cast  his  ballot  without  interference  from  any  source, 
either  civil  or  military.  These  rights  are  secured  to  the  voters 
of  this  state  by  section  nineteen. 

Bail. — A  person  charged  with  the  perpetration  of  a  minor 
crime  is  entitled  to  his  liberty  before  conviction,  upon  giving 
bonds,  signed  by  responsible  parties,  that  he  will  present 
himself  for  trial  at  the  appointed  time.  Such  bonds  are 
called  bail,  and  are  usually  of  twice  the  amount  of  the  money 
penalty,  or  fine,  that  can  be  attached  to  the  crime.  The 
right  to  furnish  bail  is  prescribed  by  section  twenty. 

Forfeiture. — If  the  person  thus  set  at  liberty  fails  to  appear 
for  trial,  the  amount  of  the  bond,  or  so  much  thereof  as  may 
be  demanded  by  the  court,  is  forfeited  to  the  state.  Bail  is 
not  usually  accepted  from  persons  accused  of  having  com- 
mitted capital  crimes,  when  the  proof  is  evident,  or  the  pre- 
sumption of  guilt  is  great.  A  capital  offense  is  one  to  which 
the  death  penalty  may  be  attached. 

Trial  by  Jury. — Section  twenty-one  provides  for  maintain- 
ing inviolate  the  right  of  trial  by  jury.  The  legislature  may 
provide  for  a  jury  of  any  number  less  than  twelve,  in  courts 
not  of  record,  and  for  a  verdict  by  nine  or  more  jurors  in 
civil  cases  in  any  court  of  record,  and  for  waiving  the  right 
to  trial  by  jury  in  civil  cases,  by  consent  of  the  parties  inter- 
ested. In  accordance  with  the  provisions  of  this  section, 
the  legislature  has  passed  laws  providing  for  a  jury  of  six 
persons  in  justice  courts. 

Pefense ;  Appeal.— Section  twenty-two  refers  to  the  method 


122  WASHINGTON 

of  procedure  in  criminal  cases.  It  is  based  upon  the  assump- 
tion that  a  person  accused  of  crime  is  considered  innocent 
until  he  has  been  proved  guilty.  The  person  accused  has 
the  right  to  appear  and  defend  in  person  and  by  counsel,  to 
be  fully  informed  as  to  the  nature  of  the  charge  against  him, 
to  testify  in  his  own  behalf,  and  to  meet  the  witnesses  against 
him  face  to  face.  The  witnesses  in  his  favor  may  be  compelled 
to  attend  the  trial,  which  must  be  held  in  the  county  in  which 
the  offense  was  committed.  The  case  must  be  tried  by  an 
impartial  jury,  and  the  accused  has  the  right  to  appeal  in  all 
cases,  if  he  is  not  satisfied  with  the  verdict  rendered.  To 
carry  out  the  principle  involved  in  this  section,  no  person 
accused  of  crime  can  lawfully  be  compelled,  before  final  judg- 
ment, to  advance  money  or  fees  to  secure  the  rights  guaranteed 
by  this  section. 

Bill  of  Attainder. — The  language  of  section  twenty-three  is 
as  follows: — "No  bill  of  attainder,  ex  post  facto  law,  or  law 
impairing  the  obligations  of  contracts  shall  ever  be  passed." 
A  bill  of  attainder  is  a  legislative  act  inflicting  the  penalty  of 
death,  without  trial,  upon  persons  supposed  to  be  guilty  of 
high  crimes.  In  former  times,  the  parliament  of  Great 
Britain  passed  laws  of  this  kind,  often  for  the  purpose  of 
reaching  persons  in  high  places  who  could  not  be  gotten  rid 
of  by  ordinary  process  of  law. 

Ex  Post  Facto  Law. — An  ex  post  facto  law  is  one  that  is 
passed  after  the  commission  of  an  act,  by  which  the  act  is 
made  punishable  as  a  crime.  Ex  post  facto  laws  apply  to 
criminal  and  penal  statutes.  The  necessity  for  prohibiting 
the  passage  of  laws  to  impair  the  obligation  of  contracts  is 
obvious.  Without  such  a  provision,  a  designing  legislature 
might  overthrow  our  entire  commercial  fabric. 

Personal  Defense. — Section  twenty-Jour  secures  to  each 


BILL  OF  RIGHTS  123 

individual  the  right  to  bear  arms  in  defense  of  himself  or  the 
state,  but  it  forbids  individuals  or  corporations  to  organize, 
maintain,  or  employ  a  body  of  armed  men.  In  every  sense, 
the  military  is  to  be  kept  subordinate  to  the  civil  power. 

Information. — The  next  two  sections  may  very  properly 
be  considered  together.  Section  twenty-five  provides  for 
prosecution  by  information  as  well  as  by  indictment  in  a 
manner  prescribed  by  law. 

Grand  Jury. — In  nearly  all  the  older  states,  in  all  important 
criminal  matters,  a  person  accused  of  crime  must  be  indicted 
before  he  can  be  tried.  While  this  plan  seems  to  insure 
greater  fairness  in  criminal  procedure,  it  is  expensive,  and 
often  very  unsatisfactory.  Section  twenty-six  leaves  it  to  the 
discretion  of  the  judge  of  the  superior  court  of  each  county 
as  to  whether  a  grand  jury  shall  be  summoned  or  not.  Most 
criminal  cases,  in  this  state,  are  now  begun  by  information 
rather  than  by  indictment. 

Treason. — Section  twenty-seven  defines  treason  against  the 
state  to  consist  in  levying  war  against  it,  adhering  to  its 
enemies,  or  giving  them  aid  or  comfort.  This  is  virtually 
the  definition  of  treason  contained  in  the  constitution  of  the 
United  States.  It  is  also  provided  that  no  person  shall  be 
convicted  of  treason,  except  upon  the  evidence  of  two  wit- 
nesses to  the  same  overt  act,  or  upon  confession  in  open  court. 

Prohibitions.— By  section  twenty-eight,  the  state  is  pro- 
hibited from  granting  or  conferring  any  hereditary  emolu- 
ments, privileges,  or  powers  upon  any  one.  The  student  of 
history  who  is  familiar  with  the  troubles  between  the  American 
colonies  and  England  just  before  the  Revolution,  will  find 
in  the  bill  of  rights  of  our  state  constitution  a  declaration  of 
many  of  the  rights  for  which  our  forefathers  contended  in 
those  far-off  days.  The  prohibitions  of  this  section  are  to 


124  WASHINGTON 

prevent  the  establishment  of  anything  like  an  aristocracy 
based  upon  hereditary  honors,  favors,  or  privileges. 

Constitution  Mandatory. — Section  twenty-nine  sets  forth, 
in  no  uncertain  manner,  the  force  that  the  constitution  shall 
have  with  the  people  of  this  state.  Its  language  is  as  follows: 
"The  provisions  of  this  constitution  are  mandatory,  unless 
by  express  words  they  are  declared  to  be  otherwise." 

Rights  Reserved. — It  was  clearly  the  purpose  of  the  found- 
ers of  our  state  constitution  to  safeguard  all  the  rights  that 
should  be  enjoyed  by  a  free  people.  For  fear  that  some  of 
these  rights  had  been  omitted  in  the  preceding  sections,  it  is 
provided  in  section  thirty  that  the  enumeration  in  the  con- 
stitution of  certain  rights  shall  not  be  construed  to  deny 
others  retained  by  the  people.  Liberty,  civil  and  religious,  is 
insured  to  all  people  within  the  borders  of  the  state,  and,  as 
if  this  were  not  enough,  any  other  privileges  that  may  be 
enjoyed,  are  reserved  to  the  people.  Surely  our  government 
rests  on  a  foundation  broad  and  deep. 

Military. — Section  thirty-one  serves  still  more  fully  to  show 
the  supremacy  of  the  civil  over  the  military  power  of  the  state. 
It  declares  that  no  standing  army  shall  be  kept  up  in  the  state 
in  time  of  peace,  nor  shall  any  soldier,  in  time  of  peace,  be 
quartered  in  any  house  without  the  consent  of  its  owner,  nor 
in  time  of  war  except  in  the  manner  prescribed  by  law. 

Reminder. — The  closing  section  of  the  bill  of  rights  is  very 
appropriate.  It  says,  "  A  frequent  recurrence  to  fundamental 
principles  is  essential  to  the  security  of  individual  right,  and 
the  perpetuity  of  free  government."  Every  citizen  should 
make  a  careful  study  of  the  bill  of  rights.  This  will  lead  to  a 
better  understanding  of  his  rights  as  a  citizen,  and  to  a  higher 
appreciation  of  the  privileges  he  enjoys  as  a  resident  of  the 
great  state  of  Washington, 


CHAPTER  IX 
ARTICLE  II.     LEGISLATIVE  DEPARTMENT 

PART  I 

Branches  of  Government. — Government,  both  state  and 
national,  is  separated  into  three  branches: — legislative,  ex- 
ecutive, and  judicial.  It  is  intended  that  each  branch  shall 


The  Temporary  State  Capitol 

be  independent  of  the  others,  but  this  is  not  always  possible. 
Every  state  in  the  Union  has  a  constitution  which  provides 
for  these  three  branches  of  government,  and  defines  the  powers 

125 


126  WASHINGTON 

of  each.  The  legislative  branch  is  called  the  law-making 
power;  the  executive  branch,  the  law-enforcing  power;  and 
the  judicial  branch,  the  law-interpreting  power.  Each 
branch  of  the  government  has  its  chief  office  or  meeting 
place  at  the  state  capital,  Olympia. 

Legislative  Branch. — The  law-making  branch  of  govern- 
ment in  Washington  is  called  the  state  legislature;  and  it 
consists  of  a  senate  and  a  house  of  representatives.  The 
style,  or  heading,  of  every  law  passed  by  the  legislature  is: 
"Be  it  enacted  by  the  Legislature  of  the  State  of  Washing- 
ton." The  sessions  are  biennial  and  are  designated  by  num- 
ber. The  session  held  in  1911  is  the  twelfth  regular  session 
of  the  legislature;  that  in  1913,  the  thirteenth;  that  in  1915, 
the  fourteenth,  and  so  on. 

HOUSE  OF  REPRESENTATIVES       f» 

Qualifications. — The  house  of  representatives,  or  lower 
house,  as  it  is  sometimes  called,  is  composed  of  members 
chosen  every  second  year  by  the  qualified  electors  of  their 
respective  districts.  No  person  is  eligible  to  election  as  a 
member  of  either  house  of  the  legislature  who  is  not  a  citizen 
of  the  United  States  and  a  qualified  voter  in  the  district  for 
which  he  is  chosen. 

Number  of  Members. — The  constitution  provides  that 
the  house  of  representatives  shall  be  composed  of  not  less 
than  sixty-three  nor  more  than  ninety-nine  members.  The 
first  legislature  of  the  state  was  composed  of  thirty-five 
senators  and  seventy  representatives.  The  membership  of 
the  legislature  in  1911  consisted  of  forty- two  senators  and 
ninety-six  representatives.  Pend  Oreille  county  will  be  en- 
titled to  one  representative  in  1913,  thus  increasing  the 
number  of  representatives  to  ninety-seven.  As  the  state 


LEGISLATIVE  DEPARTMENT  127 

becomes  more  thickly  settled,  the  membership  of  both 
houses  will  doubtless  be  increased  until  the  constitutional 
limit  has  been  reached.  There  are  now  sixty  representative 
districts  in  Washington,  several  of  which  elect  two  or  more 
representatives  each.  (See  table  on  page  139.) 

Census. — The  constitution  provides  for  an  enumeration  of 
the  people  once  in  ten  years.  The  first  census  was  taken  by 
the  state  in  1895.  As  the  general  government  takes  a  census 
of  all  the  people  of  the  nation  in  the  last  year  of  each  regular 
decade,  there  is  an  enumeration  of  the  people  of  this  state 
once  in  five  years.  After  each  census,  the  legislature  is 
required  to  rcdistrict  the  state  and  apportion  the  members 
of  the  senate  and  house  of  representatives  according  to  the 
population;  but  in  making  such  an  apportionment,  Indians 
not  taxed,  soldiers,  sailors,  and  officers  of  the  United  States 
army  and  navy  are  not  to  be  included. 

Election. — Members  of  the  house  of  representatives  of  the 
first  legislature  were  chosen  in  the  year  1889,  for  the  term 
of  one  year.  Since  that  time,  the  election  of  representatives 
has  been  held  on  the  Tuesday  next  after  the  first  Monday  in 
November  of  each  even-numbered  year.  This  corresponds 
with  the  date  for  the  choosing  of  presidential  electors  every 
fourth  year.  In  some  of  the  states,  meetings  of  the  legis- 
lature are  held  every  year,  and  the  members  in  such  instances 
are  elected  annually. 

Citizenship.— The  term  citizen  is  often  improperly  re- 
stricted to  those  who  have  the  right  to  vote.  Many  voters 
in  the  United  States  are  not  citizens,  and,  in  all  the  states, 
many  citizens  are  not  voters.  Each  state  constitution  pre- 
scribes the  qualifications  of  voters  within  that  state.  The 
fourteenth  amendment  to  the  constitution  of  the  United 
States  says:  "All  persons  born  or  naturalized  in  the  United 


128  WASHINGTON 

States,  and  subject  to  the  jurisdiction  thereof,  are  citizens 
of  the  United  States  and  of  the  State  wherein  they  reside." 
In  some  states,  foreigners  acquire  the  right  to  vote  at  all  state 
elections  on  taking  out  their  first  papers  of  naturalization. 
That  is  not  the  case  in  Washington,  however.  Here  a  person 
of  foreign  birth  must  have  completed  the  process  of  natural- 
ization before  voting  at  any  election. 

THE  SENATE 

Membership. — The  senate  is  composed  of  members 
chosen  by  the  qualified  voters  of  the  several  senatorial  dis- 
tricts. The  constitution  provides  that  the  number  of  senators 
shall  not  be  more  than  one  half  nor  less  than  one  third  the 
number  of  members  of  the  house  of  representatives.  The  sen- 
ate in  1911  was  composed  of  forty- two  members.  In  some 
of  the  other  states,  the  senate  is  a  much  smaller  body  than  in 
Washington.  In  all  of  the  states,  the  senate  has  fewer  mem- 
bers than  the  house  of  representatives.  In  Washington,  the 
senatorial  term  is  four  years. 

Senatorial  Districts. — The  state  is  divided  into  forty-two 
senatorial  districts,  and  each  district  elects  one  member  of 
the  state  senate.  There  is  np  fixed  ratio  of  representation 
for  senatorial  districts,  but  the  intention  is  to  form  the  dis- 
tricts so  that  each  senator  shall  represent  about  twice  as  many 
inhabitants  as  a  state  representative  does.  On  account  of  the 
difference  in  the  distribution  of  population  throughout  the 
state,  it  has  been  found  necessary  to  combine  two  or  more 
counties  to  form  one  senatorial  district  in  some  instances, 
and,  in  others,  a  single  county  is  divided  into  several  districts. 

Classes. — The  constitution  provides  that  the  senatorial 
districts  of  the  state  shall  be  numbered  consecutively.  After 
the  first  election  under  this  constitution,  the  term  of  office 


LEGISLATIVE  DEPARTMENT  129 

of  those  senators  chosen  from  the  odd-numbered  districts 
expired  at  the  end  of  the  first  year,  and  those  from  the  even- 
numbered  districts,  at  the  end  of  the  third  year.  The  succes- 
sors of  members  of  both  classes  were  chosen  for  the  full 
senatorial  term.  By  this  plan,  one  half  of  the  members  of 
the  senate,  at  any  regular  session,  are  hold-overs.  Senators 
from  the  odd-numbered  districts  are  chosen  in  1910,  1914, 
and  so  on;  and  those  from  the  even-numbered  districts,  in 
1912,  1916,  and  so  on. 

Powers. — The  senate  is  coordinate  with  the  house  in  all 
general  legislation.  The  impeachment  of  all  state  officers 
rests  with  the  house  of  representatives,  but  the  trial  of  those 
impeached  is  conducted  by  the  senate.  When  acting  as  a 
court  in  such  cases,  the  senators  are  placed  under  oath  to 
decide  the  case  on  its  merits.  No  person  can  be  convicted 
upon  impeachment  without  the  concurrence  of  two  thirds 
of  all  the  senators  elected. 

Impeachment. — Article  V  of  the  constitution  provides  that 
the'  governor,  judges  of  the  supreme  and  superior  courts,  and 
other  state  officers  are  liable  to  impeachment  for  any  mis- 
demeanor or  malfeasance  in  office.  Judgments  in  such  cases 
extend  only  to  removal  from  office,  and  disqualification  to 
hold  any  position  of  honor,  trust,  or  profit  under  the  state. 
The  decision  of  the  senate  does  not  prevent  the  offender  from 
being  indicted,  tried,  and  punished  according  to  the  laws 
which  govern  the  punishment  of  the  crime  of  which  he  is 
accused. 

BOTH  HOUSES 

Sessions. — The  regular  sessions  of  the  legislature  are  held 
once  in  two  years,  at  the  seat  of  government,  commencing  on 
the  second  Monday  in  January,  of  each  odd-numbered  year. 


130  WASHINGTON 

The  length  of  each  session  cannot  exceed  sixty  days.  The 
governor  may,  in  case  of  necessity,  convene  the  legislature  by 
proclamation  to  meet  in  special  session.  The  purpose  of  the 
meeting  must  be  stated  in  the  proclamation. 

Eligibility. — No  person  is  eligible  to  a  seat  in  either  house 
of  the  legislature  who  is  not  a  citizen  of  the  United  States  and 
a  qualified  elector  in  the  district  for  which  he  is  chosen.  In 
several  of  the  states,  the  qualifications  of  senators  are  higher 
than  those  required  of  representatives.  No  distinction  in 
qualifications  is  made  in  this  state. 

Officers. — The  lieutenant  governor  is  ex  officio  presiding 
officer  of  the  senate,  and  he  acts  in  this  capacity  during  the 
term  for  which  he  is  elected.  He  is  not  a  member  of  the  sen- 
ate, however.  In  his  absence,  or  when  he  is  acting  as  gov- 
ernor, the  senate  chooses  one  of  its  members  to  serve  as 
temporary  president.  The  presiding  officer  of  the  house  of 
representatives,  called  the  speaker,  is  chosen  from  among  its 
own  members.  Each  house  elects  such  subordinate  officers 
as  are  necessary  to  carry  on  the  business  of  legislation  in  a 
proper  manner.  These  officers  are  not  members  of  the  leg- 
islature. 

Salary. — The  members  of  the  legislature  are  allowed  five 
dollars  a  day  for  each  day's  attendance  during  the  session, 
and  ten  cents  a  mile  for  each  mile  traveled  in  going  to  and 
returning  from  the  place  of  meeting  of  the  legislature,  by  the 
most  usual  route. 

Ineligibility. — As  a  means  of  preventing  corruption,  the 
following  section  was  adopted:  "No  senator  or  representative 
shall,  during  the  time  for  which  he  is  elected,  be  appointed 
or  elected  to  any  civil  office  in  the  state,  which  shall  have  been 
created,  or  the  emoluments  of  which  shall  have  been  increased 
during  the  time  for  which  he  was  elected."  A  similar  pro- 


LEGISLATIVE  DEPARTMENT  131 

vision  is  contained  in  the  constitutions  of  most  of  the  other 
states,  and  in  that  of  the  United  States. 

Ineligibility  as  Members. — Members  of  congress  and  per- 
sons holding  any  civil  or  military  office  under  the  United 
States  or  any  other  power  are  not  eligible  to  election  as  mem- 
bers of  the  legislature.  And  if  any  member  of  either  house  is 
elected  to  congress,  or  is  appointed  to  any  other  office,  civil  or 
military,  his  acceptance  of  such  election  or  appointment  will 
compel  his  resignation  as  a  member  of  the  legislature;  except 
that  this  rule  does  not  apply  to  officers  of  the  militia  who  re- 
ceive no  annual  salary,  local  officers,  and  postmasters  whose 
salary  does  not  exceed  three  hundred  dollars  per  year. 

Vacancies. — Whenever  a  vacancy  occurs  in  the  member- 
ship of  either  house  of  the  state  legislature,  it  is  the  duty  of  the 
governor  to  issue  a  writ  of  election  to  fill  such  vacancy.  The' 
district  in  which  the  vacancy  occurs  is  the  only  one  affected 
by  the  writ  of  election  in  such  cases. 

Privilege. — Senators  and  representatives,  in  all  cases  ex- 
cept treason,  felony,  and  breach  of  the  peace,  are  privileged 
from  arrest  while  attending  a  session  of  the  legislature.  They 
are  also  not  subject  to  any  civil  process  during  the  session  of 
the  legislature,  nor  for  fifteen  days  next  preceding  the  com- 
mencement of  each  session.  Were  it  not  for  this  provision, 
members  of  the  legislature  might  be  arrested  on  false  charges, 
and  thus  be  prevented  from  taking  part  in  the  work  of  law- 
making. 

Freedom  of  Speech. — No  member  can  be  called  in  ques- 
tion, in  any  civil  or  criminal  action,  for  anything  he  may  say 
in  any  speech  or  debate  upon  any  question  in  either  house. 
The  rules  of  order  of  each  house  determine  the  mode  of  pro- 
cedure in  debate,  and  a  member  may  be  denied  the  right  to 
participate  in  discussion  for  violation  of  those  rules. 

Washington — 9 


I32  WASHINGTON 

Other  Provisions. — The  legislature  is  prohibited  from 
authorizing  any  lottery  or  granting  any  divorce.  It  is  also 
prohibited  from  granting  any  extra  compensation  to  any  pub- 
lic officer,  agent,  servant,  or  contractor  after  the  service  has 
been  rendered  or  the  contract  entered  into.  No  public  officer 
can  lawfully  receive  any  other  compensation  than  that  fixed 
by  law  at  the  time  of  his  election  or  appointment  to  office. 
The  legislature  is  required  to  pass  laws  to  determine  in  what 
manner,  and  also  in  what  courts,  suits  may  be  brought  against 

the  state. 

PART  II 

Special  Provisions. — Each  house  chooses  its  own  offi- 
cers, and  judges  of  the  qualifications,  election,  and  returns  of 
its  own  members.  A  person  who  has  not  all  the  necessary 
•qualifications  for  membership  may  be  elected  and  his  certifi- 
cate of  election  be  properly  returned.  It  is  left  for  each  house 
to  decide  for  itself  all  matters  of  this  kind.  A  contested  elec- 
tion is  settled  in  a  manner  prescribed  by  law.  The  speaker 
of  the  house  holds  his  office  for  the  full  term  for  which  he  was 
elected  by  the  house,  but  all  other  officers  serve  only  during 
the  session  at  which  they  are  chosen. 

Quorum. — A  majority  of  the  members  of  each  house  con- 
stitutes a  quorum  for  the  transaction  of  business.  But  a 
smaller  number  may  adjourn  from  day  to  day,  and  may  com- 
pel the  attendance  of  absent  members,  in  such  manner  and 
under  such  penalties  as  each  house  may  provide.  This  rule 
applies  in  all  legislative  bodies,  and  its  necessity  is  often 
shown. 

Rules  of  Order. — Each  house  adopts  rules  for  its  own 
government.  In  the  absence  of  other  rules,  those  contained 
in  Reed's  "Parliamentary  Practice"  govern  debate.  One  of 
the  rules  established  by  the  constitution  is  that  each  house 


LEGISLATIVE  DEPARTMENT  133 

shall  sit  with  open  doors,  except  on  such  occasions  as  may  re- 
quire secrecy.  Members  may  be  punished  or  expelled  for 
disorderly  conduct.  It  requires  a  t\vo-thirds  vote  of  all  the 
members  elected  to  expel  a  member,  and  no  person  can  be  so 
punished  a  second  time  for  the  same  offense.  This  means 
that  an  expelled  member  is  eligible  for  reelection. 

Journal. — Each  house  is  required  to  keep  a  journal  of  its 
proceedings  and  publish  the  same,  except  such  parts  as  re- 
quire secrecy.  The  journal  shows,  in  detail,  the  business 
transacted  from  day  to  day,  and  it  is  important  that  the  record 
be  accurately  kept.  Neither  house  can  adjourn  for  a  longer 
period  than  three  days,  nor  to  any  other  place  than  that  in 
which  they  may  be  sitting,  without  the  consent  of  the  other 
house.  The  reason  for  this  requirement  is  that  one  house 
might  retard  the  business  of  the  other,  or  prevent  legislation 
altogether,  by  adjourning  from  place  to  place,  or  for  an  in- 
definite period  of  time. 

Bills. — A  bill  is  a  draft  of  a  proposed  law.  A  bill  may 
originate  in  cither  house,  but  when  it  has  passed  the  house 
in  which  it  originated,  it  may  be  amended  or  rejected  alto- 
gether by  the  other  house.  No  bill  can  become  a  law  unless, 
on  its  final  passage,  a  majority  of  the  members  of  each  house 
vote  in  favor  of  its  enactment.  The  final  vote  on  every  bill  is 
by  yeas  and  nays,  and  a  record  is  made  in  the  journal  of  the 
vote  of  each  member.  A  vote  by  yeas  and  nays  may  be  de- 
manded upon  the  passage  of  any  question,  by  one  sixth  of 
the  members  present.  This  rule  applies  in  both  houses. 

Yeas  and  Nays. — The  process  of  voting  in  this  way  is 
longer  than  the  ordinary  one,  but  it  serves  to  put  each  mem- 
ber on  record  as  to  how  he  votes.  The  names  of  members 
and  the  manner  of  voting  are  made  part  of  the  record,  and, 
in  this  way,  the  people  are  enabled  to  learn  just  what  their 


134  WASHINGTON 

representatives  are  doing  in  the  work  of  lawmaking.  In  all 
elections  by  the  legislature,  the  constitution  provides  that  the 
vote  shall  be  -viva  voce,  and  the  record  of  each  vote  is  entered 
on  the  journal. 

Prohibitions. — As  the  legislature  should  make  uniform 
laws  for  all  the  people,  so  far  as  possible,  the  passage  of  spe- 
cial, or  private,  laws  is  expressly  forbidden  in  the  following 
cases: 

1.  For  changing  the  names  of  persons,  or  constituting  one 
person  the  heir  at  law  of  another. 

2.  For  laying  out,  opening,  or  altering  highways,  except  in 
cases  of  state  roads  extending  into  more  than  one  county,  and 
military  roads,  to  aid  in  the  construction  of  which  lands  shall 
have  been  or  may  be  granted  by  congress. 

3.  For  authorizing  persons  to  keep  ferries  wholly  within 
this  state. 

4.  For  authorizing  the  sale  or  mortgage  of  real  or  personal 
property  of  minors  or  others  under  disability. 

5.  For  assessment  or  collection  of  taxes,  or  for  extending 
the  time  of  collection  thereof. 

6.  For  granting  corporate  powers  or  privileges. 

7.  For  authorizing  the  apportionment  of  any  part  of  the 
school  fund. 

8.  For  incorporating  any  town  or  village,  or  to  amend  the 
charter  thereof. 

9.  From  giving  effect  to  invalid  deeds,  wills,  or  other  in- 
struments. 

10.  Releasing  or  extinguishing,  in  whole  or  in  part,  the  in- 
debtedness, liability,  or  other  obligation  of  any  person  or  cor- 
poration to  this  state,  or  to  any  municipal  corporation  therein. 

11.  Declaring  any  person  of  age,  or  authorizing  any  minor 
to  sell,  lease,  or  incumber  his  or  her  property. 


LEGISLATIVE  DEPARTMENT  135 

12.  Legalizing,  except  as  against  the  state,  the  unauthor- 
ized, or  invalid,  act  of  any  officer. 

13.  Regulating  the  rates  of  interest  on  money. 

14.  Remitting  fines,  penalties,  or  forfeitures. 

15.  Providing  for  the  management  of  common  schools. 

16.  Authorizing  the  adoption  of  children. 

17.  For  limitation  of  civil  or  criminal  action. 

1 8.  Changing  county  lines,  locating  or  changing  county 
seats:  Provided,  this  shall  not  be  construed  to  apply  to  the 
creation  of  new  counties. 

Convict  Labor.— In  many  of  the  older  states,  the  labor 
of  convicts  in  the  state  penitentiary  is  sold  to  individuals  or 
corporations,  the  contract  being  let  for  a  term  of  years,  and 
usually  to  the  highest  bidder.  This  plan  is  often  very  un- 
satisfactory. The  constitution  of  our  state  has  prohibited 
the  sale  of  convict  labor,  since  January  i,  1890.  All  labor 
performed  by  convicts  here  is  for  the  benefit  of  the  state. 

Bribery. — The  constitution  provides  for  the  passage  of 
laws  to  prevent  bribery  of  legislators  or  other  officers  of  the 
state.  The  laws  passed  on  this  subject  are  very  stringent, 
and  it  is  right  that  they  should  be  so.  In  addition  to  the 
punishment  prescribed  by  statute,  a  person  convicted  of 
bribery  is  prohibited  from  holding  any  position  of  honor  or 
trust  under  the  laws  of  this  state. 

A  member  who  has  any  private  interest  in  a  proposed  law 
is  required  to  make  that  fact  known  to  the  house  of  which  he 
is  a  member,  and  he  is  not  permitted  to  vote  on  that  measure. 

Laws  Take  Effect. — Ordinary  laws  of  a  public  nature,  ex- 
cept those  relating  to  appropriations,  passed  at  any  session 
of  the  legislature,  take  effect  ninety  days  after  the  close  of  the 
session  at  which  they  are  enacted.  Any  law  that  is  deemed 
to  be  of  special  importance  may  be  put  into  effect  immedi- 


136  WASHINGTON 

ately  by  a  two-thirds  vote  of  both  houses,  if  it  contains  an 
emergency  clause. 

Other  Restrictions. — The  constitution  provides  that  no 
bill  shall  contain  more  than  one  subject,  and  that  the  title  of 
the  bill  must  set  forth  the  substance  of  the  proposed  measure. 
At  a  regular  session,  no  bill  is  to  be  considered  in  either  house, 
unless  it  has  been  introduced  at  least  ten  days  before  the  time 
for  final  adjournment  of  the  legislature.  This  rule  may  be 
suspended  by  a  two-thirds  vote  of  both  houses,  the  vote  being 
taken  by  yeas  and  nays,  and  it  does  not  apply  to  special  ses- 
sions. No  law  can  be  amended  by  mere  reference  to  its  title, 
and  no  amendment  is  allowed  which  is  intended  to  change  the 
purpose  of  the  bill. 

Approval  by  Governor. — As  stated  elsewhere,  bills  may 
be  introduced  in  either  house,  but  the  other  house  may  alter, 
amend,  or  reject  them  altogether.  Before  a  bill  can  become 
a  law,  it  must  pass  both  houses  and  be  signed  by  the  speaker 
of  the  house  of  representatives  and  the  president  of  the  senate. 
It  is  then  presented  to  the  governor  for  his  approval.  If  he 
is  satisfied  with  its  provisions,  he  affixes  his  signature  to  it, 
and  the  bill  becomes  a  law. 

Veto. — If  the  governor  objects  to  the  bill,  it  is  his  duty  to 
return  it  to  the  house  in  which  it  originated,  with  his  objec- 
tions. These  objections  being  entered  upon  the  journal,  the 
house  then  proceeds  to  reconsider  the  bill.  If,  after  such 
reconsideration,  the  bill  is  again  passed  by  a  two-thirds  major- 
ity of  each  house,  it  becomes  a  law,  notwithstanding  the 
governor's  objections.  The  refusal  of  the  governor  to  sign  a 
bill  is  called  his  veto.  Veto  is  a  Latin  word,  signifying  "  I  for- 
bid." The  veto  power  is  seldom  exercised  in  any  of  the  states. 

Governor's  Neglect. — The  failure  of  the  governor  to  return 
a  bill  within  five  days  from  the  time  it  is  presented  to  him 


LEGISLATIVE  DEPARTMENT  137 

(Sunday  excepted),  is  equivalent  to  his  signature,  unless  the 
legislature  prevents  its  return  by  adjournment.  Any  bill  pre- 
sented to  the  governor  for  approval  during  the  last  five  days 
of  the  session  becomes  a  law  without  his  signature  unless  he 
files  the  bill,  with  his  objections,  with  the  secretary  of  state 
within  ten  days  after  the  adjournment  of  the  legislature  (Sun- 
days excepted).  Any  bill  so  objected  to  must  be  submitted 
to  the  legislature  for  consideration  at  the  next  session  thereof. 
If  any  bill  contains  several  sections,  the  governor  may  approve 
part  of  the  bill  and  veto  the  remaining  sections.  The  sections 
objected  to  must  be  acted  upon  in  the  same  manner  as  a 
vetoed  bill. 

Joint  Convention. — Certain  business  of  the  legislature  is 
transacted  in  joint  convention  of  both  houses.  Such  meetings 
are  held  in  the  hall  of  the  house  of  representatives,  and  in  the 
absence  of  the  president  of  the  senate  and  the  speaker  of  the 
house,  a  temporary  president  is  chosen  on  joint  ballot.  A 
record  of  the  proceedings  is  kept  by  the  clerk  of  the  house 
and  the  secretary  of  the  senate,  and  recorded  by  them  in  the 
journals  of  their  respective  houses. 

United  States  Senators. — United  States  senators  are 
elected  by  the  legislature, — usually  in  joint  convention,  in  the 
following  manner:  The  names  of  the  members  of  the  legis- 
lature are  arranged  in  alphabetical  order,  and  each  one  votes 
in  the  order  in  which  his  name  stands  on  the  list.  The  name 
of  the  person  voted  for  by  each  member  is  recorded  by  the 
judges  of  election,  and,  after  the  names  have  been  read  a 
second  time  to  correct  any  errors  of  record,  the  judges  report 
to  the  presiding  officer  the  number  of  votes  each  candidate  has 
received.  If  no  one  has  received  a  majority  of  all  the  votes 
cast,  a  second  vote  is  taken,  and  so  on,  from  time  to  time,  till 
some  one  receives  the  necessary  majority. 


138  WASHINGTON 

The  person  receiving  such  a  majority  is  declared  to  have 
been  duly  elected,  and  the  president  of  the  convention  signs 
duplicate  certificates  of  election,  one  of  which  is  transmitted 
to  the  governor,  the  other  being  preserved  as  a  part  of  the 
record  of  the  convention.  The  choice  of  the  United  States 
senators  by  popular  vote  is  looked  upon  with  favor  by  many 
people,  and  candidates  for  the  legislature  often  pledge  them- 
selves before  election  to  vote  for  the  candidate  of  their  party 
who  receives  the  highest  number  of  votes  at  the  primary 
election. 

United  States  Representatives. — The  legislature  once  in 
ten  years  divides  the  state  into  congressional  districts,  each  of 
which  elects  one  United  States  representative  in  congress. 
The  present  division  into  congressional  districts  is  indicated 
in  the  table  on  page  139. 

Statistics.— In  accordance  with  a  provision  of  the  consti- 
tution, there  is  established  in  the  office  of  the  secretary  of 
state,  a  bureau  of  statistics,  agriculture,  and  immigration. 
The  constitution  also  requires  the  passage  of  laws  for  the 
protection  of  persons  employed  in  mines,  factories,  and  other 
places  dangerous  to  life  or  injurious  to  health.  Violation  of 
these  laws  is  subject  to  severe  penalties. 

Passes. — Legislators  and  all  other  public  officers  of  this 
state  are  prohibited  from  using  passes,  or  purchasing  trans- 
portation from  any  railroad  or  other  corporation  at  a  lower 
rate  than  that  charged  the  general  public.  This  is  certainly 
a  wise  provision.  The  practice  of  granting  passes  to  public 
officials,  in  many  of  the  older  states,  has  caused  much  harsh 
criticism  of  the  railroads  in  times  past.  Nearly  all  of  the 
states  now  prohibit  the  acceptance  of  passes  by  their  public 
officials,  and  a  United  States  law  prohibits  the  giving  of  such 
passes  by  interstate  railroads. 


COUNTIES,  STATE  REPRESENTATIVE  DISTRICTS,  STATE  SENATORIAL 
DISTRICTS,  AND  CONGRESSIONAL  DISTRICTS 


No. 

County 

County  Seat 

Rep.  Dist. 

Sen.  Dist. 

Cong. 
Dist. 

i 

Adams 

Ritzville 

15 

ii 

3 

2 

Asotin 

Asotin 

9 

10 

3 

3 

Benlon 

Prosser 

58 

15 

3 

4 

Chehalis 

Montesano 

29,30 

21 

2 

5 

Chclan 

Wenatchee 

56 

J3 

3 

6 

Clallam 

Port  Angeles 

34 

24 

2 

7 

Clarke 

Vancouver 

23 

17 

2 

8 

Columbia 

Dayton 

ii 

10 

3 

9 

Cowl  it/. 

Kalama 

24 

18 

2 

10 

Douglas 

WaUTville 

18 

i 

3 

ii 

Ferry 

Republic 

55 

i 

3 

12 

Franklin 

Pasco 

14 

ii 

3 

13 

(iarticid 

Pomeroy 

10 

IO 

3 

14 

(Irani 

Fphrata 

59 

15 

3 

15 

Island 

Coupeville 

50 

23 

i 

16 

Jefferson 

Port  Townsend 

33 

24 

2 

17 

King 

Seattle 

40,41,42,43,44 

30,31,32,33 

I 

45,  40,  47,  48 

34,35,36,37 

18 

Kitsap 

Port  Orchard 

32 

23 

I 

iQ 

Kittitus 

EllensburK 

19 

13 

3 

20 

Klirkitat 

(ioldendale 

21 

16 

2 

21 

Lewis 

Chehalis 

27 

20 

2 

22 

Lincoln 

Davenport 

16 

14 

3 

23 

Mason 

Shelton 

3i 

23 

2 

24 

Okanogan 

Conconully 

17 

i 

3 

25 

Pacific 

South  Bend 

26 

19 

2 

26 

Pend  Orcille 

Newport  (?) 

60 

2 

3 

27 

Pierce 

Tacoma 

35,  36,  37 

25,  26,  27 

2 

38,39 

28,  29 

28 

San  Juan 

Friday  Harbor 

52 

24 

I 

29 

Skagit 

Mt.  Vernon 

5i 

40 

I 

30 

Skamania 

Stevenson 

22 

16 

2 

31 

Snohomish 

Everett 

49 

38,39 

I 

32 

Spokane 

Spokane 

2,3,4,  5,6 

3,  4,  5,  6,  7 

3 

33 

Stevens 

Colville 

i 

2 

3 

34 

Thurston 

Olympia 

28 

22 

2 

35 

\Yahkiakum 

Cathlamet 

25 

19 

2 

36 

Walla  Walla 

Walla  Walla 

12,  13 

II,  12 

3 

37 

Whatcom 

Bellingham 

53,  54,  57 

41,42 

i 

38 

Whitman 

Colfax 

7,8 

8,9 

3 

39 

Yakima 

North  Yakima 

20 

15 

3 

139 


140  WASHINGTON 

Aliens. — Aliens,  as  a  rule,  are  not  permitted  to  own  land  in 
this  state.  This  provision  does  not  apply  to  those  persons  of 
foreign  birth  who  have  declared  their  intention  to  become 
citizens  of  the  United  States.  Nor  does  it  apply  to  lands 
acquired  by  inheritance  or  in  the  ordinary  course  of  justice 
in  the  collection  of  debts.  The  constitution  further  provides 
that  this  restriction  shall  not  apply  to  mineral  lands,  but  any 
corporation,  the  majority  of  whose  stock  is  owned  by  aliens, 
comes  under  the  limitations  of  the  section. 


CHAPTER  X 

ARTICLE  III.    EXECUTIVE  DEPARTMENT 

PART  I 

Governor. — To  the  executive  department  belongs  the  duty 
of  enforcing  the  laws  of  the  state.  The  chief  officer  of  this 
department  is  the  governor,  who  is  elected  every  fourth  year 
by  the  qualified  voters  of  the  state.  The  election  occurs  on 
the  Tuesday  after  the  first  Monday  in  November  of  each 
presidential  election  year,  and  the  term  of  office  begins  on 
the  second  Monday  in  January  following  the  election.  The 
duties  of  the  governor  are  very  important,  for  to  him  is 
intrusted  the  general  enforcement  of  the  laws  of  the  state. 

Qualifications. — The  qualifications  of  the  governor  are 
not  the  same  in  all  the  states.  In  most  of  the  states,  no  per- 
son is  eligible  to  that  position  who  is  not  a  male  citizen  of  the 
United  States,  at  least  thirty  years  of  age,  and  who  has  not 
been  a  resident  of  the  state  for  a  number  of  years  (two,  three, 
five,  six,  seven,  or  ten)  immediately  preceding  the  election. 
The  constitution  of  the  state  of  Washington  provides  that  no 
person  shall  be  eligible  to  any  state  office  who  is  not  a  citizen 
of  the  United  States  and  a  qualified  voter  in  this  state.  This 
is  certainly  a  very  liberal  provision,  as  it  leaves  the  office  of 
governor  open  to  all  qualified  voters  of  the  state. 

Lieutenant  Governor. — A  lieutenant  governor  is  chosen  at 
the  time  the  governor  is  elected,  in  the  same  manner,  and  for 
the  same  time.  The  lieutenant  governor  is  ex  officio  president 

141 


142  WASHINGTON 

of  the  senate,  but  he  has  no  vote  upon  any  question  except 
when  that  body  is  equally  divided.  In  case  of  the  death, 
impeachment,  resignation,  or  removal  of  the  governor,  the 
duties  of  that  officer  devolve  upon  the  lieutenant  governor, 
and  during  the  time  he  is  acting  in  such  capacity,  he  receives 
the  same  compensation  as  the  governor. 

Return  of  Elections. — The  returns  of  the  elections  for 
governor  and  lieutenant  governor  are  sealed  and  transmitted 
to  the  seat  of  government,  directed  to  the  secretary  of  state. 
He  delivers  them  to  the  speaker  of  the  house  of  representa- 
tives, and  it  is  his  duty  to  open  and  publish  them  in  the  pres- 
ence of  both  houses  of  the  legislature.  The  persons  who  have 
received  the  highest  number  of  votes  for  governor  and 
lieutenant  governor  are  declared  elected.  In  case  of  a  tie 
vote  for  two  or  more  persons  for  either  office,  it  is  the  duty  of 
the  legislature  to  proceed  to  the  election  of  a  governor  or 
lieutenant  governor,  as  the  case  may  be.  The  choice  must 
be  made  from  the  candidates  who  have  received  the  same 
highest  number  of  votes  cast  by  the  electors. 

Duties  of  Governor. — The  governor  is  commander  in  chief 
of  the  militia  and  of  the  army  and  navy  of  the  state,  except 
when  they  are  in  the  service  of  the  United  States.  He  trans- 
acts business  with  all  civil  and  military  officers  of  the  state 
government,  and  receives  reports  from  the  other  officers  of  the 
executive  department  upon  any  subject  pertaining  to  their 
duties.  When  any  office  becomes  vacant  from  any  cause,  it 
is  the  duty  of  the  governor  to  fill  the  vacancy  by  appoint- 
ment, unless  the  constitution  or  laws  of  the  state  provide 
some  other  way.  All  commissions  are  issued  in  the  name  of 
the  state,  signed  by  the  governor,  and  attested  by  the  sec- 
retary of  state. 

Message. — The  governor  is  required  to  communicate  with 


EXECUTIVE  DEPARTMENT  143 

the  legislature  at  every  session,  by  message.  As  soon  as  the 
organization  of  the  legislature  is  completed,  the  governor's 
message  is  read  to  each  house,  by  its  clerk.  This  message 
contains  a  statement  of  the  condition  of  the  state,  together 
with  such  recommendations  as  the  governor  may  see  fit  to 
make  concerning  matters  of  importance  to  the  state.  This 
document  corresponds  with  the  president's  annual  message 
to  Congress,  and  is  always  written  or  printed. 

Special  Session. — The  governor  may,  on  extraordinary 
occasions,  call  a  special  session  of  the  legislature  by  procla- 
mation, in  which  he  must  state  the  reason  for  the  call.  This 
action  is  rarely  taken,  except  in  cases  of  public  danger  or 
grave  necessity,  as  the  expense  of  holding  a  session,  even  for 
only  a  few  days,  amounts  to  a  large  sum  of  money.  The  pay 
and  mileage  of  members  of  the  legislature  are  the  same  for 
a  special  as  for  a  regular  session. 

Pardoning  Power. — The  governor  has  power  to  grant 
commutations  and  pardons  in  all  cases  except  treason  and 
impeachment,  subject  to  regulations  provided  by  law.  A 
reprieve  is  a  temporary  suspension  of  the  death  penalty 
which  has  been  passed  upon  a  person  convicted  of  a  capital 
crime.  A  commutation  of  a  sentence  shortens  the  time  or 
lessens  the  severity  of  the  punishment.  The  governor  also 
has  the  power  to  remit  fines  and  forfeitures,  under  restric- 
tions made  by  law. 

Report. — Every  case  of  reprieve,  commutation,  pardon, 
or  remission  of  fine  or  forfeiture  must  be  reported  to  the 
legislature  at  its  next  meeting.  The  name  of  the  person 
relieved  from  punishment,  together  with  the  reason  for  the 
executive  action,  must  form  a  part  of  the  report.  The  govern- 
or's report  must  also  state  the  amount  of  each  fine  remitted. 

Executive  Succession. — If  the  lieutenant  governor,  while 


144  WASHINGTON 

acting  as  governor,  is  impeached  or  displaced,  or  for  any 
other  reason  becomes  unable  to  perform  the  duties  devolving 
upon  him,  the  secretary  of  state  acts  as  governor  until  the 
disability  is  removed,  or  the  vacancy  is  filled  as  required  by 

law. 

OTHER  STATE  OFFICERS 

Other  Officers. — The  constitution  also  provides  for  the 
election  of  a  secretary  of  state,  treasurer,  auditor,  attorney- 
general,  and  a  commissioner  of  public  lands  to  be  chosen  by 
the  qualified  voters  of  the  state  for  a  term  of  four  years.  All 
of  these  officers  are  chosen  at  the  time  of  the  election  of 
governor  and  lieutenant  governor.  Several  other  officers, 
properly  belonging  to  this  branch  of  government,  are  pro- 
vided for  by  the  constitution,  or  have  been  authorized  by 
law,  and  the  duties  of  all  of  these  will  be  discussed  in  a 
general  way. 

Secretary  of  State. — The  secretary  of  state  has  charge 
of  all  the  records  of  the  territory  of  Washington,  the  original 
draft  of  the  constitution  of  the  state,  and  all  other  records  of 
the  state  not  properly  belonging  to  the  other  departments. 
He  keeps  a  record  of  all  official  acts  of  the  legislature  and 
the  executive  department.  When  requested  to  do  so,  he  sub- 
mits to  either  branch  of  the  legislature  any  of  the  records  of 
his  office.  He  has  many  other  duties  to  perform  as  required 
by  law.  He  is  also  the  custodian  of  the  seal  of  the  state, 
which  he  uses  for  all  official  purposes. 

Treasurer  of  State. — The  treasurer  of  state  receives  all 
moneys  belonging  to  the  state,  and  pays  all  warrants  drawn 
upon  the  treasury  by  the  auditor.  He  keeps  a  record  of  all 
warrants  paid  by  him,  and,  at  stated  intervals,  he  reports  to 
the  auditor  the  number  and  amount  of  each  warrant  paid 
since  his  last  report.  He  is  also  required  to  make  a  report 


EXECUTIVE  DEPARTMENT  145 

to  the  legislature,  showing  the  condition  of  affairs  of  his 
office,  at  the  beginning  of  each  session.  This  officer  is  not 
eligible  for  reelection,  till  after  an  intervening  term. 

Auditor  of  State. — The  auditor  of  state  is  the  general 
accountant  of  the  state,  and  to  him  is  intrusted  the  duty  of 
keeping  a  correct  account  of  all  moneys  belonging  to  the 
state,  as  well  as  of  all  moneys  expended.  He  superintends 
the  fiscal  affairs  of  the  state,  and  furnishes  information  and 
blanks  in  the  proper  form  to  enable  the  county  auditors  and 
treasurers  to  report  to  him  the  items  they  are  required  to 
furnish  by  law.  He  draws  warrants  on  the  state  treasury  for 
all  appropriations  authorized  by  law,  and  reports  to  the 
governor,  before  each  session  of  the  legislature,  the  amount 
of  all  revenue,  funds,  income,  and  taxable  property  of  the 
state,  together  with  the  amounts  expended  for  all  purposes 
since  his  last  report. 

Attorney- General. — The  attorney-general  is  a  lawyer 
who  acts  as  counsel  for  the  legislature  and  officers  of  state, 
and  appears  for  the  state  in  all  cases,  civil  or  criminal,  in 
which  the  state  is  a  party,  when  requested  to  do  so  by  the 
governor  or  the  legislature.  At  the  request  of  the  legislature 
or  any  state  officer,  it  is  his  duty  to  give,  free  of  charge,  his 
opinion  in  writing  upon  any  question  of  law  which  may  be 
submitted  to  him.  He  is  required  to  make  a  complete  re- 
port of  the  business  of  his  office  to  the  legislature,  at  stated 
intervals. 

Superintendent  of  Public  Instruction. — The  state  su- 
perintendent of  public  instruction  has  general  supervision  of 
the  public  schools  of  the  state.  He  holds  a  convention  of  the 
county  superintendents  once  a  year,  at  which  the  school  laws  of 
the  state  are  discussed,  and  also  any  matters  that  may  enable 
the  county  superintendents  to  discharge  their  duties  wisely. 


146  WASHINGTON 

Other  Duties. — By  virtue  of  his  office,  he  is  a  member 
of  the  state  board  of  education.  He  renders  a  written  opinion 
on  any  point  of  school  law  to  any  school  officer  who  may  de- 
sire it,  and  he  also  decides  all  appeals  from  county  superin- 
tendents, when  properly  made.  As  often  as  he  may  deem  it 
necessary,  he  has  a  sufficient  number  of  copies  of  the  school 
laws  and  decisions  printed  to  supply  each  school  officer  of  the 
state  with  a  copy.  He  also  issues  common  school  teachers' 
certificates,  as  required  by  law. 

Report. — On  or  before  the  first  day  of  November  of  each 
even-numbered  year,  he  reports  to  the  governor  the  number 
of  teachers,  schools,  and  schoolhouses,  the  condition  of  the 
public  schools  of  the  state,  and  such  other  information  as  has 
been  reported  to  him  by  the  county  superintendents.  His 
report  also  contains  a  statement  of  the  state  and  county  school 
funds  received  and  apportioned,  the  bonded  indebtedness  of 
school  districts,  and  a  report  of  the  different  state  educational 
institutions. 

State  Board  of  Education. — The  state  board  of  educa- 
tion is  composed  of  the  superintendent  of  public  instruction, 
the  presidents  of  the  university  and  state  college  of  Washing- 
ton, the  principal  of  one  of  the  state  normal  schools,  and  three 
persons  holding  life  diplomas  issued  in  this  state  and  actively 
engaged  in  school  work.  The  last  three  mentioned  are  ap- 
pointed by  the  governor  for  a  term  of  two  years.  The  su- 
perintendent of  public  instruction  is  president  of  the  board, 
and  his  deputy  serves  as  its  secretary. 

Powers  and  Duties. — The  state  board  of  education  pre- 
scribes the  courses  of  study  for  the  common  schools  of  the 
state,  and  approves  courses  of  study  for  the  different  state 
educational  institutions.  It  adopts  such  rules  for  the  govern- 
ment of  the  common  schools  as  will  increase  their  efficiency 


EXECUTIVE  DEPARTMENT  147 

and  promote  the  best  interests  of  popular  education.  It  also 
has  general  supervision  of  teachers'  examinations,  and  hears 
and  decides  appeals,  as  required  by  law. 

Board  of  Finance. — The  board  of  finance  is  composed 
of  the  governor,  treasurer,  and  auditor  of  state,  ex  officiis,  but 
the  governor  has  the  authority  to  appoint  some  other  state 
officer  in  his  stead.  The  board  was  organized  for  the  pur- 
pose of  securing  satisfactory  investment  o'f  the  permanent 
school  fund  of  the  state,  and  of  the  funds  of  the  different  state 
institutions,  educational,  penal,  and  charitable.  Whenever 
there  is  a  thousand  dollars  or  more  available  for  investment  in 
any  of  the  funds  above  mentioned,  the  board  is  authorized  to 
purchase,  at  par,  any  regular  national,  state,  county,  munici- 
pal, or  school  bonds,  bearing  not  less  than  three  and  three- 
fourths  per  cent,  interest  annually. 

Commissioner  of  Public  Lands. — The  constitution  pro- 
vides for  the  election  of  a  commissioner  of  public  lands.  The 
legislature  has  established  a  board  of  state  land  commis- 
sioners, consisting  of  the  above-named  officer,  who  acts  as 
chairman,  the  secretary  of  state,  and  the  superintendent  of 
public  instruction.  This  commission  has  charge  of  the  selec- 
tion, survey,  lease,  and  disposition  of  lands  granted  to  the 
state  for  all  purposes,  by  the  United  States.  The  routine 
work  of  inspecting,  surveying,  and  appraising  such  lands  is 
done  under  the  direction  of  the  commissioner  of  public  lands. 

Adjutant  General. — The  adjutant  general  is  an  officer 
appointed  by  the  governor,  with  the  advice  and  consent  of 
the  senate,  to  have  general  supervision  of  the  affairs  of  the 
Washington  national  guard,  as  the  organized  state  militia  is 
called.  No  person  can  act  as  adjutant  general  who  has  not 
served  as  an  officer  in  the  national  guard  or  the  standing 
army  of  the  United  States  for  at  least  three  years.  He  must 

Washington — 10 


148  WASHINGTON 

also  not  rank  lower  than  captain  at  the  time  of  his  appoint- 
ment. He  issues  all  orders  of  the  governor  relating  to  mili- 
tary law,  and  causes  them  to  be  published  from  time  to  time, 
as  it  becomes  necessary.  He  keeps  a  roll  of  all  commissioned 
officers  of  the  militia,  with  their  residence  and  rank,  and  such 
other  information  as  may  be  necessary  concerning  them.  He 
is  required  to  make  quarterly  and  annual  reports  of  the 
affairs  of  his  department  to  the  -commander  in  chief. 

Public  Printer. — The  public  printer  is  appointed  by 
the  governor,  and  holds  his  office  during  the  governor's 
pleasure.  His  office  is  at  the  seat  of  government,  and  it  is  his 
duty  to  print  the  journals  of  both  houses  of  the  legislature, 
and  the  laws  enacted  by  that  body,  as  well  as  all  forms, 
blanks,  and  other  incidental  matter  required  by  the  different 
state  officers.  His  work  must  be  promptly  done  in  a  work- 
manlike manner,  and  for  it  he  receives  compensation  fixed 
by  law,  the  amount  of  which  depends  upon  the  work  done. 
He  also  binds  the  volumes  of  laws,  reports,  and  other  records 
that  are  to  be  preserved  in  permanent  form.  All  materials 
used  for  printing  or  binding  must  be  furnished  at  actual 
cost. 

Public  Service  Commissioners. — The  public  service  com- 
mission of  the  state  of  Washington  consists  of  three  members 
appointed  by  the  governor  for  a  term  of  six  years.  Their 
terms  of  office  are  so  arranged  that  one  member  is  appointed 
every  second  year.  Any  member  of  the  commission  may  be 
removed  by  the  governor,  who  must  file  with  the  secretary  of 
state  the  cause  for  such  removal.  These  commissioners  have 
the  general  supervision  of  railroad,  express,  telegraph,  tele- 
phone, gas,  electrical,  and  water  companies,  and  it  is  their 
duty  to  see  that  the  laws  of  the  state  governing  these  com- 
panies and  their  employees  are  strictly  complied  with.  The 


EXECUTIVE  DEPARTMENT  149 

books  of  any  railroad  company,  at  any  station  or  office,  are 
open  to  inspection  by  this  board,  and  any  officer  or  agent  may 
be  examined  under  oath.  The  commission  is  required  to 
make  a  detailed  annual  report  to  the  governor  of  the  work  of 
the  office,  together  with  such  recommendations  in  relation  to 
their  duties  as  they  may  think  necessary. 

Fish  Commissioner. — The  state  fish  commissioner  is 
also  the  state  game  warden.  He  is  appointed  by  the  governor 
for  a  term  of  four  years.  The  governor,  treasurer  of  state, 
and  fish  commissioner  constitute  the  state  board  of  fish  com- 
missioners ex  officiis.  The  commissioner  is  required  to  ap- 
point a  deputy  for  each  county  in  the  state.  These  officers 
are  all  peace  officers,  and  are  authorized  to  arrest,  without 
legal  warrant,  any  violators  of  the  fish  and  game  laws,  known 
to  them. 

Duties. — The  fish  commissioner  is  required  to  give  his 
entire  time  to  the  duties  of  his  office.  He  is  also  required, 
with  the  aid  of  his  deputies,  to  see  that  all  laws  relating  to  the 
propagation,  preservation,,  and  protection  of  food  fish  in  this 
state  are  properly  observed.  He  also  has  general  supervision 
of  the  fish  hatcheries  of  the  state.  Many  laws  have  been 
passed  for  the  protection  of  game  birds  and  wild  animals 
within  this  state.  At  certain  times,  known  as  the  closed  sea- 
son, it  is  unlawful  for  any  one  to  kill  certain  kinds  of  game 
birds,  and  the  number  any  one  may  kill  during  the  open  sea- 
son is  limited  by  law.  The  penalties  for  violating  any  of  the 
game  laws  of  the  state  are  very  severe.  Persons  desiring  to 
hunt  game  animals  or  birds  during  the  open  season  must  ob- 
tain a  license  permitting  them  to  do  so. 

Grain  Inspector. — The  state  grain  inspector  is  appointed 
by  the  governor  for  a  term  of  two  years.  The  person  so  ap- 
pointed must  be  a  qualified  voter  in  the  state,  and  he  must 


150  WASHINGTON 

have  had  three  years'  experience  in  handling  grain.  The 
office  of  the  grain  inspector  is  located  at  Tacoma.  He  is 
required  to  be  thoroughly  familiar  with  the  grains  grown 
in  Washington  and  the  adjoining  states.  It  is  his  duty  to 
inspect  thoroughly  and  grade  grain  shipped  for  milling  and 
for  export  trade,  and  to  see  that  the  laws  relating  to  such  in- 
spection are  fully  complied  with. 

Commissioner  of  Horticulture. — This  officer  is  appointed 
by  the  governor  for  a  term  of  four  years.  His  office  is  located 
by  law  in  the  city  of  Tacoma.  The  person  appointed  to  this 
position  must  hold  a  certificate  from  the  state  college  of  Wash- 
ington to  the  effect  that  he  is  a  skilled  horticulturist.  It  is  the 
duty  of  this  officer  to  supervise  the  horticultural  interests  of 
"the  state,  and  to  enforce  the  laws  relative  to  the  growing  and 
marketing  of  fruit. 

Board  of  Equalization. — The  state  board  of  equaliza- 
tion is  composed  of  the  secretary  of  state,  the  commissioner 
of  public  lands,  and  the  auditor  of  state.  The  auditor  is 
chairman  of  the  board.  The  regular  meeting  of  the  board 
begins  on  the  first  Tuesday  in  September  of  each  year,  and 
the  session  is  limited  to  twenty  days.  The  auditor  for  each 
county  reports  to  this  board  the  assessed  value  of  all  classes 
of  property  listed  in  his  county  for  taxation.  The  lists  from 
all  the  counties  are  compared,  and  the  assessment  on  any 
class  of  property  may  be  raised  or  lowered  so  as  to  make 
the  assessment  uniform  on  such  property,  throughout  the 
state. 

State  Levy. — The  reports  from  all  the  counties  show  the 
total  value  of  the  taxable  property  of  the  state.  The  state 
board  of  equalization  estimates  the  amount  of  money  to  be 
raised  for  the  support  of  the  state  government.  This  amount 
is  apportioned  among  the  different  counties  according  to  the 


EXECUTIVE  DEPARTMENT  151 

value  of  the  taxable  property  in  each  county.  The  rate  of 
taxation  is  determined  by  dividing  the  amount  to  be  raised 
for  state  purposes  by  the  total  value  of  property  in  the  state. 
This  rate  is  reported  to  the  auditor  of  each  county,  and  he  is 
required  to  levy  that  rate  on  each  parcel  of  property  taxed  in 
his  county,  and  the  amount  received  from  such  levy  is  paid 
into  the  state  treasury.  At  this  point,  the  student  should  refer 
to  the  table  in  a  preceding  chapter  (pp.  50,  51)  which  shows 
the  tax  levy  in  detail.  The  state  levy  is  reported  to  each 
county  auditor  on  or  before  the  last  Monday  in  September  of 
each  year. 

Board  of  Tax  Commissioners. — The  legislature  of  1905 
provided  for  the  creation  of  a  state  board  of  tax  commis- 
sioners. This  board  consists  of  three  members  appointed 
by  the  governor  and  approved  by  the  senate,  for  a  term  of 
four  years.  No  member  of  the  board  is  permitted  to  hold  any 
office  under  the  United  States  or  this  state,  and  each  one  is 
required  to  give  his  entire  time  to  the  discharge  of  his  office 
as  a  member  of  this  board. 

Duties. — The  board  has  general  supervision  of  the  en- 
tire system  of  taxation  throughout  the  state.  The  proper 
equalization  of  taxes  on  property  of  all  kinds,  so  that  each 
kind  shall  bear  its  proper  burden  of  taxation,  is  one  of  the 
hardest  problems  of  government  to  be  solved  at  the  pres- 
ent time.  The  board  of  tax  commissioners  serves  as  the  state 
board  of  equalization  between  counties  for  the  purpose  of  se- 
curing a  uniform  levy  of  taxes  in  all  counties  of  the  state  for 
the  support  of  the  state  government.  The  powers  conferred 
upon  this  board  are  such  as  to  make  it  possible  for  them  to 
secure  information  of  all  kinds,  to  enable  them  to  discharge 
their  duties  impartially.  They  are  required  to  make  a  com- 
plete report  of  their  work  biennially. 


152  WASHINGTON 

PART  II 

COMMISSIONERS  AND  SOCIETIES 

Societies,  etc. — In  addition  to  the  officers  whose  duties 
have  already  been  discussed,  there  are  several  important  com- 
missioners, societies,  and  boards  authorized  by  law  to  safe- 
guard the  public  health  or  to  carry  on  some  special  work  in 
the  government  of  the  state.  The  most  important  of  these 
will  now  be  considered  briefly. 

Coal  Mine  Inspectors. — It  is  provided  by  law  that  the 
state  of  Washington  shall  be  divided  into  districts  for  the 
proper  inspection  of  its  coal  mines.  No  district  shall  con- 
tain less  than  ten  nor  more  than  sixty  coal  mines,  and  each 
district  shall  have  one  deputy  mine  inspector.  The  appoint- 
ment of  coal  mine  inspectors  is  made  by  the  governor,  in  a 
manner  prescribed  by  law.  The  term  of  office  is  four  years, 
and  no  person  is  eligible  to  appointment  to  the  office  who  is 
not  a  citizen  of  the  state  of  Washington,  and  who  has  not  had 
at  least  five  years'  practical  experience  in  coal  mining. 

Duties. — The  state  coal  mine  inspectors  have  the  power 
to  inspect  coal  mines  and  to  enforce  the  laws  of  the  state  rela- 
tive to  their  proper  management.  The  purpose  of  the  law 
is  to  provide  for  the  safety  of  all  persons  engaged  in  mining, 
to  prevent  accidents  as  far  as  possible,  and  to  remove  many 
of  the  hazards  to  which  miners  are  subjected  in  their  regular 
work.  It  is  the  duty  of  each  coal  mine  inspector  to  see  that 
the  mines  of  his  district  are  properly  ventilated,  and  that  all 
machinery  used  is  operated  as  required  by  law.  The  work 
of  the  mine  inspector  is  very  important,  as  it  has  a  direct 
bearing  upon  the  lives  and  health  of  the  coal  miners  of  the 
state,  and  the  welfare  and  happiness  of  their  families. 

Labor  Bureau. — The  commissioner  of  labor  and  the  state 


EXECUTIVE  DEPARTMENT  153 

inspector  of  coal  mines  compose  the  bureau  of  labor.  The 
commissioner  of  labor  is  appointed  by  the  governor  for  a  term 
of  four  years.  This  officer  also  acts  as  inspector  of  factories, 
mills,  and  railroads  within  the  state.  With  the  approval  of 
the  governor,  he  appoints  such  deputies  as  are  necessary  to 
aid  him  in  the  performance  of  his  duties. 

Duties. — It  is  the  duty  of  the  bureau  of  labor  to  see  to 
the  enforcement  of  all  laws  relating  to  the  employment  of 
children,  minors,  and  women,  as  well  as  those  for  the  safety 
of  all  persons  employed  in  mills,  factories,  mines,  and  rail- 
roads. This  bureau  was  established  in  the  interest  of  the 
laboring  classes,  and  it  is  doing  excellent  work  in  protecting 
the  rights  of  laborers  in  all  walks  of  life  within  the  state.  It 
reports  to  the  legislature  biennially  statistics  relating  to  the 
commercial,  industrial,  and  sanitary  condition  of  the  laboring 
classes,  and  such  other  matters  as  relate  to  the  general  welfare 
of  the  people.  The  labor  commissioner  acts  as  mediator  in 
the  settlement  of  disputes  between  employers  and  employees. 

Oil  Inspector. — The  governor,  with  the  advice  and  con- 
sent of  the  senate,  appoints  the  state  oil  inspector.  It  is  his 
duty  to  test  all  illuminating,  manufacturing,  domestic,  and 
power  oils  made  from  petroleum,  and  designed  to  be  sold  for 
u>e  in  this  state.  All  oils  that  are  not  properly  refined,  and 
those  for  illuminating  purposes  that  will  take  fire  and  burn 
at  a  lower  temperature  than  120  degrees  Fahrenheit,  are  re- 
jected, and  are  not  permitted  to  be  sold  in  the  state.  Fees  are 
charged  for  inspection,  and  severe  penalties  are  inflicted  upon 
any  person  who  sells,  or  offers  for  sale,  any  illuminating  oils 
that  have  not  been  tested  and  approved.  One  deputy  oil  in- 
spector and  such  additional  deputies  as  may  be  needed  are 
appointed  to  enforce  the  laws  relating  to  the  inspection  of 
oils. 


154  WASHINGTON 

Dental  Examiners. — The  members  of  the  board  of  dental 
examiners  are  five  in  number,  two  being  appointed  by  the 
governor  in  each  odd-numbered  year,  and  three  in  each  even- 
numbered  year,  for  a  term  of  two  years.  This  board  has 
charge  of  examining  and  licensing  all  persons  who  desire  to 
engage  in  the  practice  of  dentistry  in  this  state.  Every  prac- 
ticing dentist  is  required  to  have  a  license  to  follow  his  pro- 
fession, and  having  obtained  such  license  from  the  board  of 
dental  examiners,  he  is  required  to  file  it  with  the  auditor  of 
the  county  in  which  his  office  is  located. 

Board  of  Health. — The  establishment  of  the  board  of 
health  was  for  the  purpose  of  making  such  regulations  and 
investigations  as  it  may,  from  time  to  time,  consider  necessary 
for  the  improvement  or  preservation  of  the  public  health. 
Valuable  information,  designed  to  aid  in  preventing  the 
spread  of  contagious  diseases,  has  been  furnished  in  the 
circulars  and  pamphlets  sent  out  by  this  board,  and,  as  its  work 
becomes  better  known,  much  good  will  result  to  the  people. 

How  Composed. — This  board  is  composed  of  five  mem- 
bers, appointed  by  the  governor  and  approved  by  the  senate. 
The  term  of  office  is  five  years,  and  one  member  goes  out  of 
office  on  the  thirtieth  day  of  December  of  each  year.  Vacan- 
cies are  filled  by  the  governor,  the  appointment  to  be  ratified 
by  the  senate  at  the  next  session. 

Powers. — The  state  board  of  health  has  supervision  of  all 
matters  relating  to  the  preservation  of  life  and  health  of  the 
people  of  the  state.  It  has  full  power  to  establish  and  en- 
force quarantine  regulations  to  prevent  the  spread  of  conta- 
gious or  infectious  diseases.  Its  rules  often  seem  arbitrary,  but 
it  is  the  intent  of  the  law  to  protect  the  people  from  exposure 
to  disease  through  the  ignorance  or  carelessness  of  persons 
affected. 


EXECUTIVE  DEPARTMENT 


155 


Dairy  and  Food  Commissioner. — The  dairy  commis- 
sioner is  appointed  by  the  governor,  with  the  advice  and  con- 
sent of  the  senate,  for  a  term  of  four  years.  By  a  later  act  oi 
the  legislature,  the  dairy  commissioner  was  made  the  state 
food  commissioner  also,  with  additional  duties.  He  appoints 
as  many  deputies  as  are  necessary  for  the  proper  discharge  of 
the  duties  of  the  office.  One  of  the  deputies  serves  as  deputy 
state  drug  inspector. 

Duties. — The  purpose  of  the  law  authorizing  the  appoint- 
ment of  these  officers  is  to  prevent  the  sale  of  impure  or  adul- 
terated foods  and  dairy  products,  and  to  punish  violators  of 
the  pure-food  laws  of  the  state.  The  commissioner  and  his 
deputies  are  given  almost  unlimited  powers  in  the  discharge 
of  their  duties,  and  the  penalties  inflicted  for  violation  of 
pure-food  laws  are  very  severe.  Nearly  all  the  states  have 
passed  rigid  pure-food  laws  in  recent  years,  and  the  results 
are  very  gratifying. 

Historical  Society. — This  society  was  incorporated  un- 
der the  laws  of  the  state  of  Washington  for  the  purpose  of 
collecting  and  preserving  everything  of  a  historical  nature, 
in  connection  with  the  state.  Books,  pamphlets,  maps, 
charts,  manuscripts,  and  other  material  of  a  similar  nature 
bearing  upon  the  history,  progress,  and  present  condition  of 
the  state,  are  obtained  from  all  sources  possible,  and  ar- 
ranged in  suitable  form  for  preservation.  All  such  property 
acquired  at  any  time  is  held  in  trust  for  the  state.  Special 
attention  has  been  given  to  the  collection  of  information  con- 
cerning the  origin,  history,  language,  and  customs  of  our  In- 
dian tribes.  The  governor,  secretary,  and  treasurer  of  state 
are  members  of  the  board  of  curators  of  the  state  historical 
society,  ex  officiis. 

State    Library    Commission, — The    governor,    judges   of 


156  WASHINGTON 

the  supreme  court,  and  the  attorney-general  compose  the 
state  library  commission.  There  is  also  an  advisory  board 
consisting  of  the  state  superintendent  of  public  instruction, 
two  persons  chosen  by  the  governor,  and  two  others  appointed 
by  the  governor,  one  of  whom  is  a  person  recommended  by 
the  state  historical  society,  and  the  other  by  the  state  federa- 
tion of  women's  clubs.  The  term  of  the  appointed  members 
is  four  years. 

Duties. — This  commission  appoints  the  state  librarian  to 
serve  during  the  pleasure  of  the  commissioners.  The  state 
librarian  has  charge  of  the  state  library.  He  purchases  all 
books,  documents,  maps,  and  other  articles  of  value  for  the 
state  library,  and  he  is  also  intrusted  with  the  care  and  proper 
distribution  of  all  executive  and  other  public  documents 
printed  by  the  state  for  distribution.  He  makes  a  biennial  re- 
port to  the  state  library  commission,  showing  in  detail  the 
work  of  his  office  since  the  last  report.  His  salary  is  fifteen 
hundred  dollars  a  year  and  he  has  two  assistants  whose  salary 
is  not  to  exceed  one  thousand  dollars  a  year  each.  The  state 
historical  department,  and  the  system  of  traveling  libraries 
maintained  in  this  state,  are  under  the  supervision  of  the  state 
library  commission. 

Board  of  Control. — The  governor,  with  the  advice  and 
consent  of  the  senate,  appoints  the  three  members  of  the 
board  of  control.  It  is  provided  that  the  board  shall  be 
bipartisan,  not  more  than  two  members  being  of  the  dominant 
political  party.  The  members  of  the  first  board  were  ap- 
pointed for  two,  four,  and  six  years  respectively,  and  their 
successors  are  chosen  for  the  full  term  of  six  years. 

Duties. — The  state  board  of  control  manages  and  con- 
trols the  different  charitable  and  penal  institutions  supported 
by  the  state,  and  examines  and  reports  upon  the  management 


EXECUTIVE  DEPARTMENT  157 

and  financial  condition  of  the  state  educational  institutions. 
It  also  has  charge  of  the  state  capitol  and  grounds.  A  uni- 
form system  of  accounts  and  vouchers  is  provided  for  the  use 
of  all  the  state  institutions,  and  it  is  the  duty  of  this  board  to 
promote,  in  all  possible  ways,  the  welfare  of  all  the  institu- 
tions supported  by  the  state,  and  under  its  control.  Com- 
plete reports  are  made  of  the  work  of  the  board,  and  recom- 
mendations are  required  showing  the  needs  of  the  several 
state  institutions.  These  reports  and  recommendations  are 
made  to  the  governor,  on  or  before  the  first  day  of  December, 
of  each  even-numbered  year. 

ALL  STATE  OFFICERS 

Qualification  of  Officers. — No  civil  officer  can  lawfully 
enter  upon  the  discharge  of  his  duties  until  he  has  qualified  by 
taking  an  oath  of  office  as  required  by  law.  The  governor 
and  lieutenant  governor  are  required  to  take  the  official  oath 
in  the  presence  of  the  legislature,  in  joint  convention.  If  any 
person  elected  or  appointed  to  any  civil  office  in  this  state 
begins  the  discharge  of  his  duties  without  first  having  quali- 
fied as  required  by  law,  he  is  liable  to  a  fine  of  not  more  than 
one  thousand  dollars.  All  officers  are  required  to  qualify 
within  a  certain  time  following  their  election  or  appointment, 
and  a  refusal  to  qualify  within  the  time  prescribed  is  con- 
sidered a  refusal  to  serve. 

Oath. — The  following  form  of  oath  is  the  one  prescribed 
by  law  to  be  administered  to  judges  of  the  supreme  court  of 
the  state:  "I  do  solemnly  swear  (or  affirm,  as  the  case  may 
be),  that  I  will  support  the  constitution  of  the  United  States 
and  the  constitution  of  the  state  of  Washington,  and  that  I 
will  faithfully  and  impartially  discharge  the  duties  of  the  office 
of  judge  of  the  supreme  court  of  the  state  of  Washington  to 


158  WASHINGTON 

the  best  of  my  ability."  This  is  substantially  the  form  of 
oath  administered  to  all  civil  officers  in  all  the  states,  the  only 
change  needed  being  the  name  of  the  office  to  be  filled.  The 
oath  is  generally  written  or  printed  and  is  signed  by  the  officer 
taking  the  oath. 

Sureties. — The  governor,  lieutenant  governor,  judges  of 
the  supreme  and  superior  courts,  members  of  the  legislature, 
and  township  trustees  are,  as  a  rule,  not  required  to  give  bonds 
in  any  of  the  states.  Most  other  responsible  officers  are  re- 
quired to  give  security,  usually  in  double  the  amount  to  be 
secured.  The  amount  of  the  bond  required  differs  according 
to  the  responsibility  of  the  office  and  the  amount  of  money  to 
be  handled.  The  bond  of  the  state  treasurer  is  fixed  at  two 
hundred  and  fifty  thousand  dollars,  and  is  the  heaviest  one 
required  of  any  officer  in  the  state. 

Bonds  Approved. — The  bonds  of  all  civil  officers  are 
fixed  by  law.  Bonds  of  state  officers  are  approved  by  the 
governor,  those  of  county  officers  by  the  county  commis- 
sioners, and  those  of  the  township  by  the  township  super- 
visors, or  their  chairman. 

Reports. — The  code  of  Washington  provides  that  the  dif- 
ferent state  officers,  inspectors,  commissioners,  and  the  board 
of  control  of  state  institutions  shall  report  to  the  governor,  or 
to  the  legislature,  the  condition  of  their  respective  offices  and 
of  the  institutions  under  their  control. 

Vacancies. — Resignations  by  state  officers  and  members  of 
the  legislature  are  made  to  the  governor;  those  by  county 
officers,  to  the  county  commissioners  of  their  respective 
counties,  and  those  by  all  other  officers,  holding  their 
offices  by  appointment,  to  the  officer  or  board  appointing 
them. 

How  Filled. — In  all  state  offices,  unless  otherwise  pro- 


EXECUTIVE  DEPARTMENT 


159 


vided  by  law,  vacancies  are  filled  by  appointment  by  the  gov- 
ernor. Vacancies  in  the  legislature  are  filled  by  special  elec- 
tion in  the  district  in  which  the  vacancy  occurs.  In  county 
and  precinct  offices,  vacancies  are  filled  by  the  county  com- 
missioners, except  in  cases  specially  provided  by  law.  The 
constitution  and  acts  of  the  legislature  provide  that  any  officer 
appointed  to  fill  a  vacancy  in  an  elective  office  holds  until  the 
next  general  election,  and  until  his  successor  is  elected  and 
qualified.  But  a  person  elected  to  fill  a  vacancy  holds  for 
the  remainder  of  the  unexpired  term. 

Ineligibility. — It  is  provided  by  the  constitution  that  the 
state  treasurer  shall  be  ineligible  to  reelection  for  the  term 
following  the  one  for  which  he  was  elected.  It  further  pro- 
vides that  no  county  officer  shall  be  elected  for  more  than  two 
terms  in  succession.  No  person,  except  he  be  a  citizen  of  the 
United  States  and  a  qualified  voter  of  this  state,  is  eligible  to 
any  office  in  this  state. 

The  legislature  is  authorized  to  abolish  the  office  of  lieu- 
tenant governor,  auditor,  and  commissioner  of  public  lands, 
if  thought  advisable  to  do  so. 

Term;  Bonds;  Salaries. — The  term,  bonds  required,  and 
salaries  paid  the  principal  state  officers  are  as  follows: 


OFFICERS 


TERM 


BOND 


Governor      .... 

4  years 

None 

Lieut.  Governor    .     . 

4  years 

None 

Secretary  of  State 

4  years 

$    10,000 

State  Treasurer 

4  years 

250,000 

State  Auditor    .     .     . 

4  years 

50,000 

Attorney-General 

4  years 

5,000 

Supt.  Pub.  Instruction 

4  years 

None 

Com.  Public  Lands    . 

4  years 

30,000 

Adjutant  General 

4  years 

20,000 

Adj 


SALARY 

$6,000 
1,200 
3,000 
3,000 
3,000 
3,000 
3,000 
3,000 
2,000  and  expenses 


i6o 


WASHINGTON 


OFFICERS 

Public  Printer 

Public  Service  Com. 
Fish  Commissioner  . 
Grain  Inspector  .  . 
Com.  of  Horticulture  . 
Tax  Commissioners  . 
Coal  Mine  Inspectors 
Com.  of  Labor  .  . 
Oil  Inspector  .  .  . 
Board  of  Health  .  . 
Dental  Examiners 

Dairy  and  Food  Com. 
Board  of  Control   .     . 

State  Librarian 

Representatives 

and 

Senators        .     .     .     . 

Judges  of  Supreme  Ct. 

"     Superior  " 


TERM 

BOND 

Pleasure  ) 
of  Gov.     J 

$10,000 

6  years 

20,000 

4  years 

5,000 

2  years 

10,000 

4  years 

5,000 

4  years 

10,000 

4  years 

2,000i 

4  years 

4  years 
5  years 
2  years 

5,000 
None 
None 

4  years 

5,000 

6  years 
(  Pleasure 

, 

]   of  Lib. 

V 

(     Com. 

) 

2  years  ^ 

4  years  ) 
6  years 
4  years 

None 

None 
None 

SALARY 

Fees 

20,000  each  $5,000  and  expenses 
2,400  and  i  xpcnscs 
i, 800  and  expenses 
2,000  and  expenses 
3,000 

2,400  and   expenses 
2,400  and   expenses 
2,000   and   expenses 
Expenses 

5  a  day  and  expenses 
i, 800   and   expenses 
Coo  ext.  as  Food  Com. 
3,000  and   expenses 


1,500 


$5  a  day 

and 
mileage 


6,000 

3,000  to  4,000 


CHAPTER  XI 
ARTICLE  IV.    THE   JUDICIARY 

Judicial  Power. — The  judicial  branch  of  government  of 
the  state  of  Washington  consists  of  a  supreme  court,  superior 
courts,  justices  of  the  peace,  and  such  inferior  courts  as  are 
established  by  law.  The  supreme  court  at  first  consisted  of 
five  members,  but  the  number  has  since  been  increased  to 
nine.  Meetings  of  the  court  are  held  at  the  seat  of  govern- 
ment. The  regular  sessions  of  the  supreme  court  begin  on  the 
second  Monday  of  January,  May,  and  October  of  each  year, 
and  the  court  is  now  divided  into  three  departments.  It 
takes  a  majority  of  all  the  judges  to  form  a  quorum  and  render 
a  decision. 

Election ;  Term. — Judges  of  the  supreme  court  are  chosen 
by  the  qualified  voters  of  the  state  at  the  general  election  in 
each  even-numbered  year,  and  the  terms  are  so  arranged 
that  one  third  of  the  number,  as  nearly  as  may  be,  shall  be 
chosen  at  each  election.  The  term  of  judges  of  this  court  is 
six  years.  In  case  of  a  vacancy  in  the  office  of  judge  of  the 
supreme  court,  the  governor  fills  the  place  by  appointment 
until  the  next  general  election. 

Powers. — The  supreme  court  has  the  sole  power  of  de- 
termining whether  any  law  passed  by  the  legislature  is  con- 
stitutional or  not.  If  any  provision  of  the  constitution  is 
violated  by  the  terms  of  a  law,  that  law  is  unconstitutional, 

t.d,  when  so  declared  by  the  supreme  court,  it  is  no  longer 
161 


162  WASHINGTON 

considered  a  law  of  the  state.  This  court  also  decides  whether 
or  not  certain  cases  appealed  to  it  have  been  properly  tried 
in  the  lower  court  from  which  the  appeal  is  taken.  Certain 
limitations  in  matters  of  appeal  are  fixed  by  the  constitution. 
Any  judge  of  this  court  may  issue  a  writ  of  habeas  corpus,  and 
the  court,  as  a  whole,  is  authorized  to  issue  such  other  legal 
writs  as  may  enable  it  to  exercise  all  its  powers  in  a  satisfac- 
tory manner. 

Chief  Justice. — The  judge  of  the  court  having  the  short- 
est time  to  serve  acts  as  chief  justice,  provided  that  this  shall 
not  apply  to  any  judge  appointed  or  elected  to  fill  a  vacancy 
in  the  membership  of  the  court.  If  this  rule  applies  to  two  or 
more  judges,  the  other  members  of  the  court  decide  which 
one  of  the  number  shall  serve  as  chief  justice. 

Clerk  and  Reporter. — The  clerk  of  the  supreme  court  keeps 
on  file  all  decisions  made  by  the  court.  His  duties  are  such 
as  are  indicated  by  his  title.  The  reporter  has  charge  of  pub- 
lishing the  decisions  of  the  supreme  court,  including  with  each 
decision  such  information  as  may  be  necessary  to  give  a  clear 
history  of  the  case  for  use  as  a  matter  of  reference.  The  clerk 
and  the  reporter  are  appointed  by  the  judges  of  the  supreme 
court,  and  may  be  removed  by  the  court  at  pleasure.  It  is  pro- 
vided by  the  constitution  that  the  office  of  clerk  of  the  supreme 
court  may  be  made  an  elective  one  for  a  definite  term.  The 
salary  of  each  of  these  officers  is  two  thousand  dollars  a  year. 

Superior  Courts. — Each  superior  judge  is  elected,  by  one 
or  more  counties,  for  a  term  of  four  years.  When  a  county 
has  so  great  a  population  as  to  require  the  services  of  more 
than  one  superior  judge,  the  legislature  provides  for  the  elec- 
tion of  the  number  of  judges  needed,  and  there  may  be  as 
many  sessions  of  the  superior  court  at  one  time  as  there  are 
judges  of  the  court  for  that  county. 


TIIK  JUDICIARY  163 

Jurisdiction. — The  superior  courts  of  the  state  of  Wash- 
ington now  have  general  original  jurisdiction  in  all  suits  at 
law,  both  civil  and  criminal,  except  those  in  which  exclusive 
or  concurrent  jurisdiction  may  be  given  to  some  other  court 
specially  authorized  by  the  constitution  and  laws  of  this 
state.  Each  superior  court  is  also  a  court  of  equity.  As  a 
court  of  probate,  it  has  exclusive  original  jurisdiction  in  the 
proving  of  wills,  and  in  the  settlement  of  estates  of  persons 
<k'(v;i>r<l.  It  has  original  jurisdiction  in  the  settlement  of 
claims  for  money  or  property  when  the  amount  in  contro- 
versy is  one  hundred  dollars  or  more.  This  court  also  serves 
as  a  court  of  appeals  in  certain  proceedings  from  justice 
courts,  and  such  other  inferior  courts  as  may  be  established  by 
law. 

Sessions. — The  superior  courts  are  courts  of  record,  and 
on  that  account  they  are  always  open  for  the  transaction  of 
business,  except  on  nonjudicial  days.  The  clerk  of  each 
county  is  ex  officio  clerk  of  the  superior  court  of  that  county, 
and  much  of  the  routine  clerical  work  of  the  superior  court 
is  done  by  him  under  authority  from  the  court,  at  a  time  when 
the  superior  judge  may  be  occupied  in  the  trial  of  cases,  or 
in  the  discharge  of  the  other  duties  of  his  office.  Regular 
and  special  sessions  of  this  court  are  held  at  such  times  as  may 
be  determined  by  the  judge,  or  judges,  in  each  county.  All 
sessions  of  this  court  are  held  at  the  county  seat. 

Grand  Jury. — The  grand  jury  of  any  county,  if  one  is  sum- 
moned, serves  as  an  investigator  of  crimes  committed  in  that 
county.  It  has  no  power  to  try  criminals  and  fix  the  punish- 
ment for  the  crimes  committed.  Real  or  alleged  violations  of 
the  criminal  laws  of  the  state  are  reported  to  the  grand  jury, 
and  if  the  evidence  against  any  person  is  such  as  to  indicate 
that  he  has  committed  a  crime  which  is  punishable  after  the 

Washington — n 


164  WASHINGTON 

indictment,  the  person  is  indicted.  He  is  then  arrested,  if 
possible,  and  held  for  trial  before  the  petit  jury. 

Indictment. — An  indictment  is  a  written  accusation  pre- 
sented to  the  court  in  which  a  grand  jury  is  impaneled,  charg- 
ing the  person  named  therein  with  the  violation  of  the  criminal 
law,  or  with  the  commission  of  some  act  which  is  punish- 
able on  indictment.  Such  an  accusation  can  be  made  only 
upon  the  sworn  statement  of  witnesses  examined  by  the  grand 
jury,  or  by  evidence  furnished  by  certain  legal  documents,  as 
prescribed  by  law.  No  indictment  can  be  found  without  the 
concurrence  of  twelve  grand  jurors,  the  full  number  of  which 
that  jury  is  composed.  In  many  of  the  older  states,  accusa- 
tion by  indictment  is  necessary  to  hold  an  alleged  criminal  for 
trial,  except  in  minor  offenses. 

Information. — The  workings  of  the  grand  jury  system 
have  not  always  proved  satisfactory,  and  some  of  the  states 
have  abolished  grand  juries  altogether.  The  constitution  and 
statutes  of  Washington  provide  for  a  formal  accusation  of  an 
alleged  criminal  by  information  also.  This  plan  is  now  in 
general  use,  as  if  is  considered  more  definite,  fully  as  just,  and 
much  less  expensive,  than  accusation  by  indictment.  An 
information  is  a  formal  accusation  made  by  the  prosecuting 
attorney,  charging  the  person  accused  with  having  committed 
the  crime  for  which  he  is  to  be  tried.  The  hearing  for  the 
purpose  of  determining  the  guilt  or  innocence  of  the  person 
accused  is  held  before  a  judge  of  a  court  having  jurisdiction 
over  the  case,  or  before  a  trial,  or  petit,  jury. 

Conviction. — The  laws  of  this  state,  as  well  as  of  all  the 
other  states,  provide  that  a  person  accused  of  crime  shall  not 
be  punished  unless  he  has  been  tried  and  convicted  of  the 
offense  by  a  court  having  full  jurisdiction  in  the  case,  or  upon 
his  confession  in  open  court  that  he  is  guilty. 


THE  JUDICIARY  165 

Trial  by  Jury. — As  stated  elsewhere,  a  jury  in  a  justice's 
court  in  this  state  consists  of  six  members.  Unless  specially 
provided  by  law,  a  trial  jury  in  all  other  courts  is  composed  of 
twelve  members.  Trial  jurors  are  selected  from  the  qualified 
voters  of  the  county  in  which  they  reside.  In  addition  to  this 
qualification,  the  law  governing  the  selection  of  jurors  pro- 
vides that  a  juror  must  be  a  taxpayer  and  must  have  resided 
in  the  county  for  the  year  next  preceding  the  time  he  is 
drawn  for  such  service.  He  must  be  of  sound  mind,  in  full 
possession  of  his  natural  faculties,  and  able  to  read  and 
write  the  English  language.  A  person  who  has  been  con- 
victed of  a  felony  is  ineligible  to  jury  service,  and  no  person 
is  required  to  serve  as  juror  at  any  term  of  court  if  he  has 
served  in  that  capacity  within  the  preceding  year. 

Exemptions. — The  following  classes  of  persons  are  exempt 
from  jury  service  in  the  state  of  Washington:  Officers  of  the 
state  and  national  government,  lawyers,  doctors,  teachers, 
active  members  of  police  and  fire  departments  in  cities  and 
towns,  and  all  persons  over  sixty  years  of  age. 

Jurors ;  Witnesses. — Each  grand  and  petit  juror  is  allowed 
three  dollars  a  day  for  attendance  upon  the  superior  court, 
and  one  dollar  a  day  in  justice's  court.  Members  of  a  coroner's 
jury  are  paid  two  dollars  a  day.  Witnesses  are  allowed  two 
dollars  for  each  day's  attendance  in  all  courts  of  the  state. 
Jurors  and  witnesses  are  allowed  ten  cents  a  mile  for  the 
distance  traveled  in  going  to  and  returning  from  the  meeting 
place  of  the  court. 


CHAPTER  XII 

ARTICLES  V-XXVIL     VARIOUS  SUBJECTS 

PART  I 
ARTICLE  V.    IMPEACHMENTS 

The  subject  of  impeachments  is  discussed  in  an  earlier 
chapter;  see  page  129. 

ARTICLE  VI.    ELECTIONS  AND  VOTERS 

Right  to  Vote. — The  constitution  of  every  free  govern- 
ment designates  those  persons  who  have  the  right  to  vote. 
With  us,  all  political  power  is  inherent  in  the  people.  The 
right  to  share  in  this  power  is  sometimes  called  the  elective 
franchise,  and  it  consists  of  the  right  to  vote  for  public  officers 
and  for  measures  proposed  for  the  common  good. 

Qualifications  of  Voters. — It  is  customary,  in  a  majority 
of  the  states,  to  restrict  this  right  to  male  citizens  of  the 
United  States,  at  least  twenty-one  years  of  age.  Persons  un- 
der this  age  are  thought  to  be  too  young  to  know  how  to  vote 
properly  upon  questions  of  public  importance,  but  at  best, 
the  rule  is  an  arbitrary  one.  Some  standard  must  be  adopted 
by  each  state,  and  perhaps  the  plan  in  use  is  as  good  as  any 
that  could  be  devised,  unless  uniform  qualifications  for  voters 
could  be  adopted  for  all  the  states. 

The  lowest,  or  minimum,  age  at  which  persons  may  vote  is 
the  same  in  all  the  states,  but  aside  from  that  there  is  no  uni- 
formity. Few  of  the  states  agree  in  all  points  relating  to  the 

166 


ELECTIONS  AND  VOTERS  167 

qualifications  of  voters.  Wyoming,  Colorado,  Utah,  Idaho, 
Washington,  and  California  allow  women  to  vote  at  all 
elections,  and  several  other  states  give  them  the  right  to 
vote  on  school  or  municipal  matters,  or  both.  Several 
states  permit  aliens  who  have  declared  their  intention  to 
become  citizens  of  the  United  States,  to  vote  at  all  elections, 
provided  they  have  the  qualifications  as  to  age,  sex,  resi- 
dence, etc.,  as  required  by  the  state  constitution. 

Residence. — Some  of  the  states  require  two  years'  resi- 
dence within  the  state  as  a  qualification  for  voting,  and  one 
of  the  states  requires  only  three  months'  residence;  in  most  of 
the  states  the  requirement  is  one  year's  residence.  The  resi- 
dence in  the  county  required  of  voters  varies  from  no  time 
specified  to  one  year,  and  the  same  variation  occurs  with 
reference  to  residence  in  the  voting  precinct.  In  many  of  the 
states,  voters  are  required  to  register  their  names  and  places 
of  residence  at  a  specified  time  and  place,  before  the  election, 
and,  failing  in  this,  they  are  deprived  of  the  right  to  vote  at 
that  election. 

Other  Qualifications. — Some  of  the  states  require  edu- 
cational qualifications  of  voters,  while  others  have  no  such 
restriction.  Several  that  have  this  educational  requirement 
provide  also  an  alternative  property  qualification  of  electors; 
that  is,  before  a  person  otherwise  legally  qualified  can  vote, 
he  must  prove  that  he  owns  a  certain  amount  of  property,  or 
pays  taxes  or  rent  of  a  specified  sum.  Several  state  constitu- 
tions provide  that  "Indians  who  have  renounced  their  tribal 
relations  and  donned  the  habiliments  of  civilization  may  vote 
at  any  election  now  or  hereafter  authorized  by  law." 

Qualifications  in  Washington. — The  constitution  of 
the  state  of  Washington  fixes  the  following  qualifications 
of  voters.  They  must  be  citizens  of  the  United  States,  at 


i68  WASHINGTON 

least  twenty-one  years  of  age.  They  must  have  resided  in  the 
state  one  year,  in  the  county  ninety  days,  and  thirty  days  in 
the  voting  precinct  in  which  they  claim  the  right  to  vote.  This 
residence  must  all  apply  to  the  time  immediately  preceding 
the  election.  They  must  also  be  able  to  read  and  speak  the 
English  language.  Indians  not  taxed  are  not  permitted  to 
vote.  Women  are  now  allowed  to  vote  at  all  elections. 

Exceptions. — Idiots  and  insane  persons  are  prohibited 
from  exercising  the  right  of  suffrage  because  they  cannot  do 
so  understandingly.  The  only  otherwise  qualified  electors 
who  are  denied  this  privilege,  are  those  who  have  been  con- 
victed of  some  infamous  crime.  It  would  not  be  wise  to  allow 
criminals  to  exercise  the  right  to  vote. 

Privileges. — All  electors  who  are  not  accused  of  treason, 
felony,  or  breach  of  the  peace,  are  privileged  from  arrest  on 
election  day  while  attending  the  election,  or  while  going  to 
or  returning  from  the  same.  No  elector  is  obliged  to  perform 
military  duty  on  the  day  of  election,  except  in  time  of  war  or 
public  danger.  Persons  engaged  in  the  military,  naval,  or 
marine  service  of  the  United  States  do  not  gain  a  residence 
in  the  state  by  being  stationed  here  in  the  discharge  of  their 
duties. 

General  elections  in  this  state  are  held  biennially  in  the 
even-numbered  years. 

Primary  Elections. — The  legislature  of  1907  passed  a 
state-wide  primary  election  law  for  the  nomination  of  all 
candidates  for  elective  offices  in  the  state  of  Washington,  ex- 
cept special  elections  for  filling  vacancies  and  a  few  minor 
positions. 

Ballots. — The  rules  for  voting  at  all  general  elections  ap- 
ply, in  the  main,  to  voting  at  primary  elections.  The  ballots 
are  prepared  and  printed  under  the  direction  of  the  county 


ELECTIONS  AND  VOTERS  169 

auditor  of  each  county,  and  every  ballot  printed  must  -be  ac- 
counted for.  The  ballots  are  printed  at  the  expense  of  the 
county  as  in  the  case  of  general  elections.  The  city  clerk 
prepares  the  ballots  for  municipal  elections. 

Voting. — On  the  day  of  election,  the  voters  assemble  to 
cast  their  ballots.  A  voter  approaches  the  table  about  which 
the  judges  of  election  are  seated,  announces  his  name,  and 
asks  for  a  ballot.  Except  in  the  case  of  school  elections  in 
citic-s  having  less  than  ten  thousand  population,  voters  are 
required  to  register  their  names  and  residences  a  certain  num- 
ber of  days  preceding  the  election,  or  forfeit  the  right  to  vote. 
In  case  registration  is  required,  the  voter's  name  must  be 
checked  on  the  registration  book,  before  he  is  given  a  ballot. 
If  found  correct,  the  voter  takes  the  ballot,  passes  into  a  booth, 
and  prepares  his  ballot  secretly.  Having  marked  his  ballot 
so  as  to  show  his  choice  of  candidates,  he  folds  it,  passes  out 
of  the  booth,  hands  the  ballot  to  one  of  the  judges  of  election, 
at  the  same  time  announcing  his  name  so  that  it  can  be  re- 
corded by  the  clerks  of  election.  If  a  ballot  is  soiled  or  found 
to  be  defective,  the  voter  must  return  it  to  the  judges  of  elec- 
tion, and  get  another  ballot.  He  will  not  be  permitted  to  take 
a  ballot  away  with  him.  Blind  voters,  or  those  suffering  from 
other  physical  disability,  may  have  assistance  in  marking  their 
ballots  in  a  manner  prescribed  by  law. 

General  Provisions. — At  the  primary  election  immedi- 
ately preceding  the  election  of  a  United  States  senator  by  the 
legislature,  each  voter  expresses  his  preference  for  a  candi- 
date for  that  office.  All  elections  of  supreme  and  superior 
court  judges  are  nonpartisan;  that  is,  the  ballots  are  not 
marked  in  any  way  to  show  that  the  candidate  belongs  to  any 
political  party.  At  primary  elections,  separate  ballots  are 
prepared  for  each  political  party,  and  each  voter  calls  for  a 


170  WASHINGTON 

ballot  of  the  party  to  which  he  belongs.  When  there  are  four 
or  more  candidates  of  a  political  party  for  a  state  or  con- 
gressional office,  the  voter  is  required  to  express  both  a  first 
and  a  second  choice  of  candidate  for  such  office.  This  does 
not  apply  to  members  of  the  legislature  or  judges  of  the  su- 
'preme  or  superior  courts. 

PART  II 

ARTICLE  VII.    REVENUE  AND  TAXATION 

Property  Taxed. — It  is  now  provided  by  this  article  of 
the  constitution  that  all  property  in  this  state  which  is  not 
exempt  under  the  laws  of  the  United  States  or  the  constitu- 
tion of  this  state,  shall  be  taxed  in  proportion  to  its  value  in 
a  manner  to  be  determined  by  law.  The  legislature  is  au- 
thorized to  pass  laws  for  the  uniform  assessment  and  taxation 
of  all  property  in  the  state,  according  to  its  money  value.  It 
is  the  purpose  of  all  such  laws  to  make  each  dollar  of  value 
in  property,  whether  owned  by  individuals  or  corporations, 
bear  its  share  of  the  burden  of  government.  As  the  raising 
of  revenue  is  one  of  the  most  important  questions  of  govern- 
ment, the  legislature  has  passed  many  laws  for  the  listing  of 
property  for  taxation  and  the  raising  of  money  for  the  support 
of  the  government  in  state,  district,  county,  city,  town,  and 
township.  See  pages  21,  22,  39,  40,  50-53,  150,  151. 

Assessment  Exemptions. — All  public  property,  as  well  as 
all  property  owned  and  used  exclusively  for  religious  or  edu- 
cational purposes,  is  exempt  from  taxation.  For  a  full  list  of 
exemptions,  see  page  52. 

General  Provisions. — Corporations  are  to  be  taxed  as 
individuals.  No  tax  can  be  levied  except  as  provided  by  law. 
All  taxes  except  road  tax  are  payable  in  money.  Cities, 


EDUCATION  171 

towns,  and  villages  are  granted  certain  powers  to  tax  prop- 
erty for  local  improvements. 

ARTICLE  VIII.    STATE  DEBTS 

Prohibition. — Article  VIII  provides  that  the  credit  of  the 
state  cannot  in  any  measure  be  given  or  loaned  to  any  indi- 
vidual, association,  or  corporation,  and  the  debts  of  indi- 
viduals or  corporations  cannot  be  assumed  by  the  state,  un- 
less they  were  incurred  for  the  benefit  of  the  state,  in  time  of 
war. 

Limit  of  Debt. — The  state  may  contract  debts  not  to  ex- 
ceed four  hundred  thousand  dollars  to  supply  deficits  in 
revenue,  or  to  meet  expenses  not  otherwise  provided  for. 
Money  borrowed  on  the  credit  of  the  state  must  be  used  for 
no  other  purpose  than  that  for  which  it  was  obtained.  The 
state  may  also  contract  debts  in  excess  of  the  above  amount 
for  its  defense  in  time  of  war,  insurrection,  or  invasion.  Cer- 
tain other  debts  may  be  authorized  by  special  act  of  the  legis- 
lature, but  no  law  of  this  kind  can  take  effect  until  it  has  been 
ratified  by  a  majority  vote  of  the  people,  at  a  general  election. 

Counties;  Cities. — Counties,  cities,  and  towns  are  pro- 
hibited from  giving  or  loaning  their  money,  property,  or 
credit  in  aid  of  any  person,  association,  company,  or  corpora- 
tion, except  for  the  necessary  support  of  their  poor  and  in- 
firm. These  political  divisions  are  also  forbidden  to  own 
stock  or  bonds  of  any  association,  company,  or  corporation. 

ARTICLE  IX.    EDUCATION 

Duties  of  State. — The  constitution  makes  the  following 
declaration :  "  It  is  the  paramount  duty  of  the  state  to  make 
ample  provision  for  the  education  of  all  children  residing 
within  its  borders,  without  distinction  or  preference  on  ac- 


172  WASHINGTON 

count  of  race,  color,  caste,  or  sex."  The  legislature  is  au- 
thorized to  establish  a  general  and  uniform  system  of  public 
schools  to  include  such  common,  high,  normal,  and  technical 
schools  as  may  be  necessary  to  provide  for  all  the  needs  of 
popular  education  for  the  people  of  the  state.  All  the  money 
derived  from  the  common  school  fund  and  the  state  tax  for 
common  schools  must  be  used  only  for  the  support  of  the 
common  schools. 

School  Funds. — The  principal  of  the  common  school  fund 
must  always  be  permanent.  This  fund  is  derived  from  appro- 
priations by  the  state;  donations  made  by  individuals  for  the 
support  of  the  common  schools;  the  proceeds  of  lands  and 
other  property  which  revert  to  the  state  by  forfeiture;  the 
proceeds  from  the  sale  of  timber,  stone,  minerals,  or  other 
property  from  state  or  school  lands,  unless  the  same  is  to  be 
disposed  of  by  law  in  some  other  manner;  five  per  cent,  of  the 
proceeds  of  all  public  lands  within  the  state  which  belonged 
to  the  United  States  and  which  have  been  sold,  or  shall  be 
sold,  after  the  admission  of  Washington  as  a  state;  also  the 
money  received  from  the  sale  of  all  public  lands  which  have 
been,  or  may  be  hereafter,  granted  to  the  state  for  the  bene- 
fit of  the  common  schools.  The  legislature  is  authorized  to 
increase  this  fund,  if  it  so  desires.  The  interest  derived  from 
the  investment  of  the  permanent  school  fund,  together  with 
the  income  from  the  rental  of  school  lands,  must  be  appor- 
tioned among  the  school  districts  of  the  state  for  the  current 
use  of  the  common  schools.  (See  pages  39,  60.) 

Other  Provisions. — The  constitution  declares  that  all 
schools  supported,  wholly  or  in  part,  by  the  public  funds, 
shall  be  forever  free  from  sectarian  control  or  influence.  All 
losses  to  the  permanent  school  fund  occasioned  by  fraud  or 
mismanagement  must  be  assumed  by  the  state  as  a  perma- 


MILITIA  173 

nent  debt,  and  the  state  must  pay  six  per  cent,  annual  interest 
on  the  amount  of  the  debt.  Such  debts  are  not  included  in 
the  four  hundred  thousand  dollar  indebtedness  permitted  in 
another  part  of  the  constitution.  The  loaning  of  the  perma- 
nent school  fund  is  properly  safeguarded  in  all  the  states, 
and  losses  to  that  fund  seldom  occur  anywhere. 

ARTICLE  X.    MILITIA 

Military  Duty. — All  able-bodied  male  citizens  of  the  state, 
between  the  ages  of  eighteen  and  forty-five  years,  except 
such  as  are  exempt  by  the  laws  of  the  United  States,  or  the 
laws  of  this  state,  are  subject  to  military  duty.  Mostly,  the 
militia  is  unorganized,  only  a  small  portion  of  the  number  of 
persons  subject  to  military  duty  being  properly  organized  and 
equipped  for  service.  The  legislature  has,  at  different  times, 
passed  such  laws  for  arming,  equipping,  and  training  the 
organized  militia,  or  "  national  guard  of  Washington,"  as  have 
been  necessary  to  comply  with  the  regulations  adopted  by  con- 
gri'ss  for  the  government  of  the  militia  of  all  the  states. 

The  governor  is  commander  in  chief  of  the  militia  and  may 
call  it  out,  at  any  time,  when  the  public  safety  requires  it.  His 
powers  are  limited  to  this  state  only,  and  he  cannot  send  a 
member  of  the  militia  out  of  the  state  against  his  will. 

Other  Provisions. — Laws  have  been  passed  for  the  proper 
protection  and  safe-keeping  of  the  arms  of  the  state.  Mem- 
bers of  the  militia  are  privileged  from  arrest  during  attend- 
ance at  musters  and  election  of  officers,  and  in  going  to  and 
returning  from  the  same,  except  for  treason,  felony,  or  breach 
of  the  peace.  Persons  having  conscientious  scruples  against 
bearing  arms,  are  exempt  from  military  duty  in  time  of  peace. 
Such  persons  may  be  required  to  pay  an  equivalent  for  such 
exemption.  The  biennial  appropriation  made  by  the  tenth 


174  WASHINGTON 

legislature  for  the  support  of  the  organized  militia  is  ninety- 
eight  thousand  dollars. 

ARTICLE  XI.    COUNTY,  CITY,  AND  TOWNSHIP 
ORGANIZATION 

Counties. — Article  XI  provides  that  the  counties  of  the 
territory  of  Washington  shall  be  recognized  as  legal  sub- 
divisions of  the  state.  No  county  seat  can  be  changed  except 
by  a  three-fifths  majority  vote  of  all  the  electors  of  the  county, 
at  a  general  election  held  for  that  purpose,  and  a  proposition 
to  change  the  location  of  a  county  seat  must  not  be  submitted 
oftener  than  once  in  four  years.  No  new  county  can  be 
formed  by  reducing  any  existing  county  to  a  population  of 
less  than  four  thousand,  and  no  new  county  can  be  organized 
with  a  population  of  less  than  two  thousand. 

Counties  and  Townships. — The  legislature  is  required 
to  establish  a  uniform  system  of  county  government,  and 
to  provide  for  a  township  organization  in  each  county.  All 
laws  for  the  government  of  townships  and  counties  are  to  be 
uniform  in  their  application.  Each  county  elects  its  own  of- 
ficers, and  the  same  rule  applies  to  each  minor  political  di- 
vision. The  duties,  term,  bond,  and  salaries  of  all  such  of- 
ficers are  determined  by  law.  Vacancies  in  office  in  any 
county,  or  its  political  subdivisions,  are  filled  by  appoint- 
ments made  by  the  board  of  commissioners  of  the  county  in 
which  the  same  shall  occur.  Such  appointments  cover  the 
time  to  the  next  general  election.  The  legislature  fixes  the 
compensation  of  county  and  township  officers,  whether  by 
salary  or  fees,  and  provides  for  the  manner  of  payment. 
Every  county  is  required  to  pay  its  share  of  taxes  for  the  sup- 
port of  the  state  as  shown  by  the  value  of  the  taxable  property 
it  contains. 


CORPORATIONS  175 

Cities  and  Towns. — This  article  authorizes  the  legisla- 
ture to  pass  general  laws  for  the  incorporation  of  cities  and 
towns  within  the  state.  Cities  having  a  population  of  twenty 
thousand,  or  more,  are  permitted  to  adopt  charters  for  their 
own  government,  in  a  manner  prescribed  by  law.  Any 
county,  or  minor  political  division,  may  make  local,  police, 
and  sanitary  regulations  for  its  own  government,  not  in  viola- 
tion of  the  general  laws  of  the  state.  Taxation  for  local  pur- 
poses is  under  the  direction  of  local  authorities. 

The  making  of  profit,  in  any  manner,  from  the  use  of  pub- 
lic money  by  any  officers  to  whom  it  is  intrusted,  is  declared 
to  be  a  felony  and  to  be  punishable  as  such.  All  public 
money,  obtained  by  a  public  officer  from  any  source,  must  at 
once  be  paid  over  to  the  custodian  of  the  fund  designated  by 
law  for  that  purpose. 

ARTICLE  XII.    CORPORATIONS  OTHER  THAN  MUNICIPAL 

Private  Corporations. — Article  XII  provides  that  corpora- 
tions may  be  formed  under  general  laws  only.  As  the  pro- 
visions of  this  article  are  more  technical  than  general  in  their 
scope,  and  therefore  less  interesting  to  the  average  high  school 
student,  a  full  discussion  of  the  article  will  not  be  given.  It 
is  suggested  that  the  student  turn  to  the  constitution,  at  this 
time,  and  read  again  the  article  as  it  will  be  found  there. 

ARTICLE  XIII.    STATE  INSTITUTIONS 

Provisions. — The  constitution  requires  that  the  state 
shall  establish  and  foster  such  educational,  charitable,  and 
penal  institutions  as  shall  be  necessary  to  promote  the  general 
welfare  of  all  classes  of  people  within  the  state,  to  care  for  its 
unfortunates,  and  provide  for  the  custody  of  its  criminals. 


176  WASHINGTON 

A  discussion  of  the  different  institutions  thus  authorized  is 
given  in  Chapter  XIV,  pages  189-200  of  this  volume. 

ARTICLE  XIV.     SEAT  OF  GOVERNMENT 

State  Capital. — The  legislature  has  no  power  to  locate 
or  change  the  seat  of  government  of  the  state  of  Washington. 
The  electors  of  the  territory,  at  the  time  the  state  was  ad- 
mitted, voted  to  locate  the  capital  at  Olympia,  which  had 
been  the  territorial  capital.  Subsequently,  the  seat  of  govern- 
ment was  permanently  located  there,  by  vote  of  the  people 
of  the  state.  The  seat  of  government  can  be  changed  only 
by  a  two-thirds  majority  vote  of  all  the  electors  of  the  state, 
at  a  general  election  held  for  the  purpose  of  changing  the  lo- 
cation of  the  state  capital. 

ARTICLE  XV 

Harbor  Lines  and  Areas. — By  the  terms  of  article  XV, 
a  commission  was  provided  to  locate  and  establish  harbor 
lines  in  the  navigable  waters  of  all  harbors,  estuaries,  bays, 
and  inlets  of  this  state  that  lie  within  a  mile  on  either  side  of 
the  corporate  limits  of  any  city  bordering  on  such  body  of 
water.  The  state  is  forbidden  to  give,  sell,  or  lease  to  any- 
one any  rights  whatever  in  the  waters  beyond  such  harbor 
lines.  The  legislature  is  authorized  to  enact  general  laws  for 
the  leasing  of  such  water  fronts  for  the  use  of  wharves,  docks, 
and  other  structures  for  a  period  not  exceeding  thirty  years. 

PART  III 

ARTICLE  XVI.    SCHOOL  AND  GRANTED  LANDS 

Public  Lands. — All  the  public  lands  granted  to  the  state 
of  Washington  are  held  in  trust  by  the  state  for  all  the  people. 
Provision  is  made  for  the  sale  of  such  lands  at  a  proper  valua- 


SEAL  177 

tion.  Whenever  a  piece  of  school  land  is  to  be  disposed  of, 
it  is  first  appraised,  and  afterwards  sold  at  public  auction  to 
the  highest  bidder,  at  a  price  not  less  than  the  appraised 
value.  The  sale  of  school  lands  is  to  extend  over  a  long  term 
of  years.  No  more  than  one  hundred  and  sixty  acres  of 
school  land  are  offered  for  sale  in  one  parcel,  and  all  such 
lands  within  the  limits  of  an  incorporated  city,  or  within  two 
mik-s  of  the  boundary  of  such  city,  must  be  platted  in  five-acre 
tracts,  when  the  appraised  value  is  more  than  one  hundred 
dollars  per  acre.  In  such  cases,  only  one  block  of  five  acres 
is  oik  red  for  sale  in  one  parcel.  It  is  further  provided  that 
none  of  the  permanent  school  fund  of  the  state  can  be  loaned 
to  any  person  or  corporation.  It  must  be  invested  in  national, 
state,  county,  municipal,  or  school  district  bonds. 

ARTICLE  XVII.    TIDE  LANDS 

State  Claim. — The  state  of  Washington  lays  claim  to 
the  beds  and  shores  of  all  navigable  rivers  within  the  state 
and  up  to  the  line  of  ordinary  high  tide  in  waters  where  the 
tide  ebbs  and  flows.  The  state  does  not  claim  any  tide, 
swamp,  and  overflowed  lands,  patented  by  the  United  States, 
unless  it  is  found  that  the  right  to  a  patent  may  be  impeached 
for  fraud. 

ARTICLE  XVIII.    STATE  SEAL 

Seal  of  the  State. — The  constitution  of  the  state  pro- 
vides for  a  seal  of  state  in  the  following  language:  "The 
seal  of  the  state  of  Washington  shall  be  a  seal  encircled  with 
the  words,  'The  Seal  of  the  State  of  Washington,'  with  the 
vignette  of  Gen.  George  Washington  as  the  central  figure, 
and  beneath  the  vignette,  the  figures  '  1889.'  "  (See  frontis- 
piece.) 


1 78  WASHINGTON 

ARTICLE  XIX.    EXEMPTIONS 

Protection. — "The  legislature  shall  protect  from  forced 
sale  a  certain  portion  of  the  homestead  and  other  property  of 
all  heads  of  families."  All  the  older  states  have  found  it  wise 
to  make  similar  provisions,  and  the  results  are  found  to  be 
very  satisfactory.  It  is  sometimes  thought  that  dishonest 
persons  may  attempt  to  take  advantage  of  the  protection 
offered  by  such  laws,  but  in  general  much  good  results  from 
the  enactment  of  such  laws. 

ARTICLE  XX.     PUBLIC  HEALTH  AND  VITAL  STATISTICS 

State  Board  of  Health. — In  accordance  with  the  provi- 
sions of  article  XX,  the  legislature  has  established  a  state 
board  of  health  and  a  bureau  of  vital  statistics  connected 
with  it.  This  board  has  many  important  duties  to  perform. 
The  statistics  gathered  are  of  great  interest,  as  they  contain 
much  valuable  information  concerning  the  life  of  the  people, 
the  prevention  of  the  spread  of  contagious  diseases,  and  other 
items  relating  to  the  general  welfare  of  the  people.  Laws 
have  also  been  passed  to  regulate  the  practice  of  medicine 
and  surgery  and  the  sale  of  drugs  and  medicine. 

ARTICLE  XXI.    WATER  AND  WATER  RIGHTS 

Public  Rights. — The  use  of  the  waters  of  this  state  for  ir- 
rigation, mining,  and  manufacturing  purposes  is  considered 
a  public  use.  This  is  one  of  the  very  important  provisions  of 
the  constitution.  The  arid  and  semiarid  agricultural  lands 
of  the  "Inland  Empire"  are  made  to  "blossom  as  the  rose" 
by  the  use  of  the  water  of  the  rivers,  which  is  conveyed  to 
them  for  irrigation  purposes.  Mining  and  manufacturing 


AMENDMENTS  179 

are  largely  dependent  upon  the  free  use  of  the  water  powers 
of  the  state. 

ARTICLE  XXII.    LEGISLATIVE  DISTRICTS 

This  article  was  superseded  by  act  of  the  legislature  in  1901 
and  by  later  acts.  See  pages  126-128,  139. 

ARTICLE  XXIII.    AMENDMENTS 

Manner  of  Amending. — It  is  evident  that  no  constitu- 
tion can  be  prepared  to  meet  the  wants  of  all  future  times 
and  generations.  The  best  governments  on  earth  are  im- 
perfect and  require  alterations  from  time  to  time.  All  con- 
stitutions provide  for  their  own  amendment,  but  the  process 
differs  in  different  states.  In  Washington,  an  amendment 
may  be  proposed  in  either  house  of  the  legislature,  and,  if  any 
proposed  amendment  passes  both  houses  by  a  two-thirds 
majority  of  all  the  members  of  each  house,  such  amendment 
is  entered  on  their  journals  with  the  ayes  and  noes  thereon. 
It  is  then  the  duty  of  the  legislature  to  have  the  proposed 
amendment  published  in  a  weekly  newspaper  in  each  county 
in  the  state  for  three  months  preceding  the  next  general  elec- 
tion. If  a  majority  of  the  votes  cast  at  such  election  are  in 
favor  of  the  proposed  amendment,  the  amendment  becomes 
part  of  the  constitution.  Two  or  more  amendments  may  be 
submitted  at  the  same  time,  but  they  must  be  so  arranged  as 
to  give  the  electors  the  right  to  vote  on  each  one  separately. 

Convention. — A  convention  to  adopt  a  new  constitution 
or  amend  the  present  one  is  also  provided  for.  Whenever 
two  thirds  of  the  members  of  each  branch  of  the  legislature 
decide  to  call  such  convention,  they  submit  a  proposition  to 
that  effect  to  the  qualified  voters  of  the  state  at  the  next  gen- 
eral election.  If  a  majority  of  the  voters,  at  that  election, 

Wash  i  ngto  n — 1 2 


i8o  WASHINGTON 

favor  it,  the  legislature,  at  its  next  regular  session,  makes  the 
necessary  arrangement  for  holding  the  convention.  The 
number  of  members  must  not  be  less  than  the  membership 
of  the  house  of  representatives.  If  a  constitution  is  adopted 
by  a  constitutional  convention,  it  must  be  submitted  to  the 
people  for  approval  or  rejection.  When  approved,  the  new 
constitution  takes  the  place  of  the  old  one.  If  the  proposed 
constitution  is  rejected  by  the  people,  the  old  one  remains 
as  the  fundamental  law  of  the  state. 

ARTICLE  XXIV.    BOUNDARIES 

Boundaries  of  the  State. — The  boundaries  of  the  state 
of  Washington  are  fixed  in  the  constitution.  Turn  to  page  106 
and  read  this  article. 

ARTICLE  XXV.    JURISDICTION 

United  States;  State's  Process.— Article  XXV  admits  the 
authority  of  the  United  States  as  supreme  in  its  control  of 
lands  held  by  the  general  government  for  the  erection  of 
forts,  arsenals,  coast  defenses,  lighthouses,  and  other  needful 
buildings  of  similar  character.  To  prevent  conflict  in  the 
claim  to  such  parcels  of  land,  the  government  of  the  United 
States  is  required  to  file  proper  plats  showing  the  land  re- 
served for  such  purposes,  together  with  the  necessary  deeds 
or  patents  to  establish  ownership.  These  papers  are  to  be 
filed  with  the  county  recorder  of  each  county  by  the  state  of 
Washington  to  enable  its  officers  to  serve  any  civil  process 
issued  by  the  courts  of  the  state  or  any  criminal  process,  upon 
any  person  upon  these  tracts,  for  any  crime  committed  out- 
side of  the  tracts  so  held.  The  purpose  of  this  provision  is 
to  prevent  persons  from  claiming  exemption  from  state  au- 
thority because  they  are  on  property  owned  by  the  United 


SCHEDULE  181 

States.  It  is  intended  that  there  shall  be  no  conflict  in  au- 
thority between  the  state  of  Washington  and  the  national 
government. 

ARTICLE  XXVI.    COMPACT  WITH  THE  UNITED  STATES 

Provisions. — Article  XXVI  cannot  be  changed  without  the 
consent  of  the  United  States  and  the  people  of  this  state.  Its 
first  section  guarantees  absolute  freedom  to  the  people  of  this 
state  in  all  matters  of  religion.  The  next  section  renounces 
all  claims  to  the  unappropriated  public  lands  and  to  all  land 
owned  or  held  by  Indians  or  Indian  tribes.  It  also  agrees 
that  nonresident  landowners,  citizens  of  the  United  States, 
shall  not  be  taxed  on  their  lands  in  this  state  more  than  resi- 
dents of  the  state  are  required  to  pay,  and  that  the  United 
States  shall  not  be  taxed  on  any  of  its  lands  within  this  state. 
The  third  section  provides  for  the  payment  of  all  debts  and 
other  liabilities  of  the  territory  of  Washington  by  the  state 
after  its  admission.  The  last  section  provides  that  a  system 
of  public  schools  shall  be  established  and  maintained,  free 
from  sectarian  control,  and  open  to  all  children  of  the  state. 

ARTICLE  XXVII.    SCHEDULE 

Provisions. — The  schedule  provides  that  all  the  functions  of 
government  exercised  by  the  territory  of  Washington  should 
be  extended  to  the  new  state  without  conflict  or  inconvenience. 
The  legislature  was  authorized  to  pass  all  laws  necessary  to 
carry  the  constitution  into  effect.  All  laws  that  were  in  force 
at  the  time  the  constitution  was  adopted,  and  not  inconsistent 
with  it,  were  to  remain  in  force  until  they  expired  or  were  re- 
pealed. All  public  officials  under  the  territorial  government 
were  to  continue  in  office  until  tbeir  successors  were  chosen 
under  the  new  state  government.  Seals  for  the  supreme  and 


182  WASHINGTON 

superior  courts,  and  those  for  counties  and  municipalities, 
were  provided  for.  The  legislature  of  the  state  was  au- 
thorized to  pass  laws  for  the  election  of  all  officers  whose 
election  is  not  specially  provided  for  by  the  constitution,  and 
to  fix  the  term  of  office  of  each.  The  schedule  also  includes  a 
number  of  other  provisions  of  only  temporary  effect.  The 
student  should  read  it  to  see  how  carefully  the  interests  of  the 
new  state  were  safeguarded. 


CHAPTER  XIII 
HISTORY  OF  WASHINGTON 

Early  Explorers. — Upon  the  discovery  of  the  Pacific  by 
Balboa,  in  1513,  Spain  laid  claim  to  all  the  land  bordering 
on  that  ocean.  Several  expeditions  for  the  exploration  of 
what  is  now  the  western  part  of  the  United  States  were  sent 
out  by  Spain,  and  Ferrelo  is  supposed  to  have  sailed  as  far 
north  as  latitude  42°  30'.  As  the  " right  of  discovery"  of  new 
lands  gave  possession  to  the  nation  sending  out  the  expedi- 
tion, Spain  laid  claim  to  the  lands  along  the  Pacific.  No  at- 
tempts at  settlement  were  made  by  the  Spanish  for  many 
years. 

English  Explorations. — Sir  Francis  Drake,  a  bold  Eng- 
lish navigator,  fitted  out  an  expedition  in  1577,  and  sailed 
along  the  west  coast  of  America,  after  passing  through  the 
strait  of  Magellan.  It  is  more  than  probable  that  his  chief 
purpose  was  to  plunder  Spanish  merchant  vessels,  and  to  get 
rich  by  helping  himself,  through  force  of  arms,  to  the  gold  and 
silver  which  the  Spaniards  had  obtained  from  the  Indians  in 
much  the  same  way.  He  is  said  to  have  reached  a  point  as 
far  north  as  latitude  48°  and,  if  so,  he  must  have  explored 
part  of  the  coast  of  Washington.  Many  years  later,  further 
explorations  were  made  along  the  west  coast,  by  England, 
Russia,  and  the  United  States.  The  Hudson  Bay  company 
was  an  important  factor  in  strengthening  the  claim  of  Eng- 
land to  the  territory. 

183 


1 84  WASHINGTON 

Lewis  and  Clark. — Twenty  years  before  the  purchase  of 
Louisiana  by  Jefferson,  that  noted  man  began  the  agitation 
of  a  plan  to  explore  the  territory  west  of  the  Mississippi. 
His  interest  in  this  matter  led  to  the  Lewis  and  Clark  expedi- 
tion, which  was  begun  in  1803.  The  complete  history  of  this 
famous  expedition  as  it  is  contained  in  the  journal  kept  on 
the  journey,  reads  like  a  fairy  tale.  Their  course  lay  up  the 
Missouri  river,  across  the  continental  divide,  then  down  the 
Clearwater,  Snake,  and  Columbia  rivers  to  the  Pacific.  They 
reached  St.  Louis  on  their  return  trip  in  September,  1806. 
Their  discoveries  and  explorations  were  of  great  value  to  the 
young  American  republic. 

Joint  Occupation. — By  various  treaties  made  between 
1818  and  1824  Spain  ceded  to  the  United  States  all  her 
claim  to  the  coast  north  of  42°  north  latitude;  Russia  ceded 
to  England  all  her  claim  to  the  coast  south  of  54°  40';  and 
England  and  the  United  States  agreed  that,  temporarily, 
the  land  between  these  limits,  called  the  "Oregon  country" 
should  be  occupied  jointly  by  the  two  nations. 

"Fifty-Four  Forty  or  Fight." — This  was  a  party  cry  of 
the  democrats  in  the  presidential  elections  of  1844.  The 
settlement  of  the  northwest  boundary  line  of  the  United 
States  had  been  the  cause  of  many  disputes  with  England. 
The  United  States  asked  for  a  boundary  extending  along 
the  parallel  of  54°  40'  north  latitude.  It  was  to  be  that,  said 
the  democrats  in  1844,  or  fight.  But  this  meant  that  the  whole 
Oregon  country  should  belong  to  the  United  States.  England 
insisted  that  the  territory  be  divided,  and  proposed  that  the 
boundary  should  begin  at  the  intersection  of  the  forty-ninth 
parallel  with  the  Columbia  and  follow  that  river  to  its  mouth. 
Had  that  been  agreed  to,  all  that  portion  of  the  state  of  Wash- 
ington lying  west  of  the  Columbia  would  doubtless  be  a  part 


HISTORY  OF  WASHINGTON  185 

of  the  province  of  British  Columbia,  at  the  present  time. 
After  much  discussion  and  the  possibility  of  war  with  Eng- 
land, a  compromise  was  reached,  by  the  terms  of  which  the 
parallel  of  forty-nine  degrees  north  latitude  was  made  the 
northwest  boundary  of  the  United  States,  in  1846.  The  land 
thus  acquired  was  now  provided  with  a  government  by  con- 
gress, and  was  called  Oregon  territory. 

Settlement. — The  earliest  settlements  in  Washington  were 
made  in  Vancouver,  Cowlitz,  Port  Townsend,  and  along 
Bellingham  bay.  The  Hudson  Bay  company  had  established 
a  trading  post  at  Nisqually  in  1833,  and,  twelve  years  later, 
the  first  American  settlement  along  Puget  sound  was  begun. 
In  1853,  the  year  that  Washington  was  separated  from  the 
territory  of  Oregon,  mills  were  located  at  Seattle  and  else- 
where along  the  sound,  and  with  these,  permanent  settle- 
ments were  established.  The  population  of  the  entire  terri- 
tory of  Washington,  in  that  year,  was  less  than  four  thousand. 

Growth. — The  mining  excitement  which  began  in  1858  at- 
tracted thousands  of  people  to  the  Northwest.  Not  much 
permanent  good  resulted  to  the  territory  from  this  mad  rush 
for  gold,  but,  here  and  there,  a  few  people  remained  to  form 
permanent  settlements.  Walla  Walla  began  to  grow  to  a  town 
of  considerable  importance  about  this  time.  Washington 
made  very  little  progress  during  the  years  of  the  Civil  War 
and  for  a  while  after  its  close. 

Dr.  Marcus  Whitman. — Among  the  early  missionaries  sent 
out  from  the  eastern  states  was  Dr.  Marcus  Whitman,  who 
came  to  Walla  Walla  in  1836.  He  was  a  man  of  tireless  en- 
ergy and  unusual  ability,  just  such  a  character  as  was  needed 
to  help  shape  the  destinies  of  a  new  country.  This  was  be- 
fore the  days  of  railroads,  and  Dr.  Whitman,  with  his  esti- 
mable wife,  made  the  journey  overland  from  their  home  in 


1 86  WASHINGTON 

New  York.  Their  lives,  in  the  new  frontier  home  of  their 
choice,  were  full  of  hardship  and  suffering,  but  they  did  a 
grand  work.  After  the  loss  of  their  only  child  by  drowning, 
this  worthy  couple  adopted  a  family  of  seven  orphan  children, 
whose  father  and  mother  had  both  died  in  crossing  the  plains. 
In  1842  Dr.  Whitman  made  a  famous  journey  to  the  east, 
and  the  next  year  returned  with  a  large  band  of  American 
settlers. 

Indian  Massacre. — Dr.  Whitman  did  splendid  missionary 
work  among  the  Indians,  only  to  fall  a  victim  to  their  treach- 
ery. Much  of  his  time  was  given  to  the  care  of  the  sick  among 
the  Indians,  and  the  last  day  of  his  life  was  spent  in  that  work. 
On  November  29th,  1847,  while  he  was  talking  with  one 
Indian,  another  one  struck  him  on  the  head  with  a  toma- 
hawk, killing  him.  The  death  of  Dr.  Whitman  was  the  be- 
ginning of  a  massacre  of  the  whites.  Fourteen  persons,  in- 
cluding Mrs.  Whitman  and  two  of  their  adopted  children, 
were  among  the  slain.  About  forty  women  and  children  of  the 
settlement  were  carried  away  into  captivity. 

Indian  War. — The  years  1855  and  1856  are  noted  for  an 
Indian  uprising  over  the  territory  of  Washington.  There 
were  more  than  twenty-one  thousand  Indians  in  the  territory 
at  that  time,  and  they  looked  with  suspicion  and  hatred  upon 
the  whites  who  were  settling  the  country.  Nearly  all  the 
small  unprotected  settlements  were  surprised,  and  many  of 
the  settlers  were  killed  by  the  Indians.  The  aid  of  the  general 
government  was  invoked,  and  one  of  the  officers  sent  to  help 
subdue  the  Indians  was  Lieutenant  Philip  H.  Sheridan,  who 
afterwards  became  so  noted  in  the  Civil  War.  Governor 
Stevens  took  an  active  part  in  making  treaties  with  a  number 
of  the  tribes.  He  also  led  the  troops  in  person  on  several 
occasions,  No  complete  record  can  be  made  of  the  number 


HISTORY  OF  WASHINGTON  187 

of  whites  who  lost  their  lives  during  the  time  the  war  was  in 
progress,  but  the  number  was  so  great  as  to  retard  the  growth 
of  the  territory  for  several  years.  As  usual  in  such  contests, 
the  Indians  were  the  losers.  In  every  engagement,  their  loss 
was  much  greater  than  that  of  the  whites,  and,  in  the  end, 
they  were  obliged  to  sue  for  peace. 

Growth. — The  territory  of  Washington  began  to  show 
signs  of  great  growth  in  1870,  and,  while  there  have  been 
periods  of  hard  times,  the  development,  especially  during  the 
past  two  decades,  has  been  very  rapid.  At  first,  lumbering 
was  the  only  industry  of  importance.  This  was  followed  by 
the  mining  of  coal  and  the  various  metals.  The  fisheries  of 
the  Puget  sound  country  soon  attracted  the  attention  of  thou- 
sands of  people.  The  raising  of  horses,  cattle,  and  sheep  be- 
came the  leading  occupation  of  the  people  east  of  the  Cas- 
cades. This  was  followed  by  the  raising  of  wheat,  especially 
in  the  "Big  Bend"  and  Palouse  sections.  With  the  advent 
of  irrigation  in  recent  years,  fruit  raising  has  made  famous 
the  names  of  Wenatchee,  North  Yakima,  Okanogan,  and 
many  other  places  in  the  state,  the  world  over. 

Railroads. — The  Northern  Pacific  was  the  first  railroad 
of  any  importance  to  be  constructed  in  the  state  of  Washing- 
ton. This  was  followed  by  the  Great  Northern,  in  the  course 
of  a  few  years.  No  other  part  of  the  United  States  is  now 
enjoying  a  greater  era  of  railroad  building  than  is  the  state 
of  Washington.  The  Chicago,  Milwaukee,  and  Puget  Sound 
line  was  finished,  ready  for  through  passenger  service  from 
Chicago  to  Tacoma,  in  1910.  Branches  and  feeders  from 
these  three  main  lines  are  being  built  in  all  directions  wherever 
the  natural  advantages  seem  to  warrant  the  construction  of  a 
railroad.  The  "Inland  Empire"  electric  line  with  two  hun- 
dred and  twenty-five  miles  of  road  has  done  a  great  work  in 


1 88  WASHINGTON 

developing  eastern  Washington,  and  several  interurban  lines 
are  doing  a  similar  work  with  Seattle  as  the  central  point  for 
distribution.  When  the  water  powers  of  the  state  are  fully 
utilized  for  the  development  of  electricity,  electric  roads  will 
become  a  very  important  factor  in  the  advancement  of  the 
state  in  commerce,  manufacturing,  and  mining. 


CHAPTER  XIV 
STATE  INSTITUTIONS 

PART  I 

State  University. — The  state  of  Washington  has  been 
very  liberal  in  establishing  the  higher  institutions  of  learning, 
but  the  foundation  for  the  permanent  fund  of  each  institution 


Auditorium  of  the  University  of  Washington 

was  laid  by  the  congress  of  the  United  States,  when  it  passed 
the  enabling  act  for  the  admission  of  Washington  into  the 
Union.  The  state  university  was  organized  at  Seattle,  in 
1 86 1,  and  that  has  been  its  location  ever  since  that  time. 

189 


IQO  WASHINGTON 

Purpose. — The  University  of  Washington  was  established 
for  the  purpose  of  furnishing  young  men  and  women  of  the 
state  the  best  means  of  obtaining  a  liberal  education.  Early 
in  the  history  of  the  country,  congress  passed  a  law  granting 
to  each  new  state  two  full  townships  of  land  within  its  borders 
to  aid  in  establishing  a  state  university.  The  success  of  this 
plan  was  so  great  that  much  larger  grants  of  land  were  made 
in  later  years  for  the  same  purpose. 

Enabling  Act. — The  grants  of  land  provided  for  by  the 
enabling  act  under  which  Washington  was  admitted  were  as 
follows : — Sections  sixteen  and  thirty-six  of  each  township  for 
the  support  of  the  common  schools.  These  lands  were  to  be 
sold  at  not  less  than  ten  dollars  an  acre,  the  proceeds  to  be 
placed  in  the  permanent  school  fund  of  the  state.  To  this 
was  added  five  per  cent,  of  the  proceeds  of  the  sale  of  all  pub- 
lic lands  within  the  state. 

One  hundred  and  thirty-two  thousand  acres  were  granted 
for  the  erection  of  public  buildings  at  the  state  capital.  The 
grant  of  two  townships  as  stated  above  for  the  state  university, 
ninety  thousand  acres  for  an  agricultural  college,  one  hun- 
dred thousand  acres  for  a  scientific  school,  and  two  hundred 
thousand  acres  for  the  founding  of  state  charitable,  educa- 
tional, penal,  and  reformatory  institutions  shows  great  lib- 
erality on  the  part  of  the  general  government.  One  half  of 
the  last  named  grant  was  afterwards  set  apart  by  the  legisla- 
ture for  the  support  of  the  university  of  Washington. 

Courses  of  Study. — It  is  the  intention  of  the  board  of  re- 
gents to  make  the  university  of  Washington  worthy  of  the 
name.  The  courses  of  study  provide  full  instruction  in  the 
liberal  arts,  law,  medicine,  dentistry,  pharmacy,  classical,  and 
scientific  courses,  as  well  as  such  elective  or  special  courses 
as  may  be  required  to  meet  the  demands  of  its  students. 


STATE  INSTITUTIONS 


191 


State  College. — The  state  college  of  Washington  was 
first  known  as  the  state  agricultural  college,  experimental 
station,  and  school  of  science.  This  was  the  general  name 
given  by  congress  to  institutions  of  like  character  receiving 
grants  of  land  from  the  general  government.  In  many  of  the 
states,  the  name  of  state  college  is  now  applied  to  these 
schools.  The  state  college  is  located  at  Pullman,  Whitman 
county,  and  there  is  also  an  experimental  station  maintained 
at  Puyallup. 


State  College,  Pullman 

Purpose. — The  purpose  of  the  college  is  to  furnish  instruc- 
tion in  the  branches  of  study  relating  to  agriculture  and  the 
imrhanic  arts,  without  excluding  other  classical  and  scien- 
tific studies.  The  courses  provide  for  the  systematic  study  of 
agriculture  and  dairying,  stock  raising,  veterinary  science, 
civil,  mechanical,  and  electrical  engineering,  and  a  special 
course  in  domestic  science.  Tuition  is  free  to  all  residents  of 
the  state,  of  suitable  age. 

Normal  Schools. — Three  state  normal  schools  are  sup- 
ported by  the  state  of  Washington.  They  are  located  at 
Cheney,  Bellingham,  and  Ellensburg.  The  purpose  of  these 
schools  is  thoroughly  to  prepare  their  students  for  the  work  of 


The  Normal  Schools  of  Washington  at  Cheney,  Bellingham,  and  Ellensburg 

192 


STATE  INSTITUTIONS  193 

teaching.  Model  schools,  in  which  each  applicant  for  gradu- 
ation is  required  to  teach  a  specified  time,  are  maintained  at 
all  the  normal  schools,  and  there  is  also  a  course  provided  in 
manual  training. 

Courses  of  Study. — The  laws  of  the  state  prescribe  the 
following  courses  of  study  for  each  normal  school:  An  ele- 
mentary course  of  two  years;  a  secondary  course  of  two  years; 
advanced  courses  of  two  years;  a  complete  course  of  five 
years;  and  an  advanced  course  of  one  year  for  graduates 
of  colleges  and  universities.  Entrance  upon  any  of  these 
courses  is  based  upon  a  preliminary  examination  to  test  the 
applicant's  fitness  for  the  work  desired.  Certificates  are  con- 
ferred upon  graduates  of  these  schools,  permitting  them  to 
teach  in  the  public  schools  of  this  state,  for  two  years  or  longer, 
according  to  the  course  completed. 

School  for  Defective  Youth. — The  Washington  school  for 
defective  youth  was  established  by  the  territory  of  Washing- 
ton, at  Vancouver,  in  1888.  To  this  school  were  sent  the 
deaf  and  dumb,  blind,  and  feeble-minded  children  of  the 
state-,  for  several  years.  In  1895,  an  institution  for  the  train- 
ing of  feeble-minded  children  was  established  at  Medical 
Lake,  and  such  children  have  since  been  cared  for  there. 
The  institution  at  Vancouver  is  now  called  the  state  school 
for  the  deaf  and  the  blind.  The  one  at  Medical  Lake  is 
known  as  the  state  institution  for  the  feeble-minded. 

Courses  of  Study. — Blind  pupils  are  given  instruction  in 
all  the  common  branches  and  in  many  others  usually  taught 
only  in  the  best  high  schools.  Music  receives  special  atten- 
tion, and  musical  instruments  of  all  kinds  have  been  pro- 
vided for  the  use  of  the  pupils.  The  girls  are  taught  to  sew, 
knit,  crochet,  and  to  do  many  other  useful  things.  The  boys 
receive  special  instruction  in  the  arts  that  will  enable  them  to 


194 


WASHINGTON 


State  School  for  the  Deaf  and  the  Blind,  Vancouver 

be  self-supporting.  The  instruction  given  to  deaf  children 
also  is  of  a  very  practical  kind,  and  the  course  of  study  is  de- 
signed to  be  specially  helpful  to  them  in  adult  life. 

Feeble-Minded  Children. — The  state  does  well  to  provide 
for  the  training,  instruction,  care,  and  support  of  its  feeble- 
minded children.  The  state  institution  for  the  care  of  feeble- 
minded children  is  open  to  all  persons  of  school  age  who,  by 
reason  of  defective  intellect,  are  unable  to  acquire  an  educa- 
tion in  the  public  schools  of  the  state.  Nonresident  pupils 
may  be  admitted  to  this  institution  under  certain  conditions. 
The  instruction  given  is  of  such  a  character  as  will  be  of  the 
greatest  benefit  to  the  pupils.  Particular  attention  is  given 
to  the  care  of  this  class  of  unfortunate  children  in  all  the  states, 
and  the  good  results  obtained  fully  justify  the  outlay. 

PART  II 

Penitentiary. — The  state  penitentiary  is  located  at  Walla 
Walla,  on  ground  donated  to  the  territory  of  Washington  by 


STATE  INSTITUTIONS  195 

the  people  of  that  city,  for  that  purpose.  Public  offenses  are 
of  two  kinds — felonies  and  misdemeanors.  A  felony  is  a 
crime  which  is  punishable  by  death,  or  by  imprisonment  in 
the  penitentiary.  All  other  crimes  are  misdemeanors. 

Government. — The    general    management    of    the    peni- 
tentiary is  vested  in  a  board  of  directors.    This  board  elects 


State  Penitentiary,  Walla  Walla 

a  warden  who  is  responsible  for  the  government  and  disci- 
pline of  the  inmates,  and  the  receipts  and  disbursements  of  all 
moneys  belonging  to  the  prison.  The  warden  is  required  to 
give  bonds  to  the  state  in  the  sum  of  twenty-five  thousand 
dollars,  conditioned  upon  the  faithful  performance  of  his 
duties.  His  term  of  office  is  four  years. 

Labor. — All  able-bodied  convicts  are  required  to  labor  a 
certain  number  of  hours  every  day.  Crushing  rock,  making 
brick,  manufacturing  jute  fabrics,  and  crushing  rock  for  use 
in  building  roads,  are  the  things  named  in  the  law  that  shall 

Washington — 13 


198  WASHINGTON 

to  them.  Boys  of  sane  mind,  between  the  ages  of  eight  and 
sixteen  years,  and  girls  of  sane  mind,  between  the  ages  of 
eight  and  eighteen  years,  may  be  sent  to  this  school  under 
certain  conditions.  Any  such  person  who  has  been  convicted 
of  any  crime  less  than  murder  or  manslaughter,  or  one  who 
is  incorrigible  or  a  menace  to  society  may  be  sent  to  this  school 
by  the  judge  before  whom  the  examination  is  held.  The  man- 
agement of  this  school  is  in  charge  of  the  state  board  of  con- 
trol. A  full  report  of  the  condition  of  the  school  is  made  to 
the  governor  biennially.  The  boys'  department  is  under  the 
direction  of  a  superintendent,  and  a  matron  has  charge  of  the 
girls'  department.  These  departments  are  entirely  separate. 
The  school  is  located  at  Chehalis,  in  Lewis  county. 

Training. — Concerning  the  instruction  to  be  given  at  this 
school,  the  law  says:  "All  the  branches  taught  in  the  public 
schools  of  the  state  shall  be  taught  in  the  reform  schools,  and 
the  inmates  shall  be  taught  and  trained  in  morality,  temper- 
ance, and  frugality,  and  they  shall  also  be  instructed  in  the 
different  trades  and  callings  of  the  two  sexes  as  far  as  possible, 
in  the  scope  of  the  institution." 

Hospitals  for  the  Insane. — The  first  hospital  for  the  in- 
sane was  located  at  Fort  Steilacoom,  Pierce  county,  in  1886, 
and  the  second,  at  Medical  Lake,  Spokane  county,  in  1888. 
The  former  is  the  western  Washington  hospital  for  the  insane, 
and  the  latter,  the  eastern  Washington  hospital  for  the  insane. 
Both  institutions  are  under  the  management  of  the  state 
board  of  control.  The  chief  officer  of  each  hospital  is  a  su- 
perintendent who  is  appointed  by  the  board  of  control.  The 
superintendent  must  be  a  skillful  practicing  physician,  and 
he  must  reside  at  the  hospital.  He  has  entire  control  of  the 
patients  under  his  charge,  and  he  appoints  the  subordinate 
officers  and  employees  of  the  hospital. 


STATE  INSTITUTIONS  199 

Commitment  of  Insane. — The  judge  of  the  superior 
court  of  each  county  is  the  local  commissioner  of  insani'y. 
Whenever  any  insane  person  is  reported  to  the  judge  of  the 
superior  court  by  some  one  having  knowledge  of  the  condition 
of  the  person  so  affected,  the  statement  being  made  under 
oath,  it  is  the  duty  of  the  judge  to  have  such  person  examined 
as  to  his  sanity.  The  examination  is  conducted  before  two 
reputable  physicians,  or  before  a  jury  which  may  be  sum- 


Eastern  Washington  Hospital  for  the  Insane,  Medical  Lake 

moned  at  the  request  of  the  person  to  be  examined,  or  of 
some  one  acting  for  him.  If,  after  a  careful  examination,  the 
person  is  adjudged  insane,  he  is  ordered  by  the  judge  to  be 
sent  to  the  insane  asylum.  Many  cases  of  insanity  are  only 
temporary,  and  yield  to  proper  treatment.  Everything  is  done 
to  improve  the  condition  of  the  insane,  but  many  cases  are 
found  to  be  incurable. 

Soldiers'  Home. — The  soldiers'  home  supported  by  the 
state  of  Washington,  is  located  at  Orting,  Pierce  county.  All 
honorably  discharged  Union  soldiers,  sailors,  and  marines, 
soldiers  of  the  Spanish-American  war,  and  members  of  the 
state  militia,  if  bona  fide  citizens  of  this  state,  are  entitled  to 


198  WASHINGTON 

to  them.  Boys  of  sane  mind,  between  the  ages  of  eight  and 
sixteen  years,  and  girls  of  sane  mind,  between  the  ages  of 
eight  and  eighteen  years,  may  be  sent  to  this  school  under 
certain  conditions.  Any  such  person  who  has  been  convicted 
of  any  crime  less  than  murder  or  manslaughter,  or  one  who 
is  incorrigible  or  a  menace  to  society  may  be  sent  to  this  school 
by  the  judge  before  whom  the  examination  is  held.  The  man- 
agement of  this  school  is  in  charge  of  the  state  board  of  con- 
trol. A  full  report  of  the  condition  of  the  school  is  made  to 
the  governor  biennially.  The  boys'  department  is  under  the 
direction  of  a  superintendent,  and  a  matron  has  charge  of  the 
girls'  department.  These  departments  are  entirely  separate. 
The  school  is  located  at  Chehalis,  in  Lewis  county. 

Training. — Concerning  the  instruction  to  be  given  at  this 
school,  the  law  says:  "All  the  branches  taught  in  the  public 
schools  of  the  state  shall  be  taught  in  the  reform  schools,  and 
the  inmates  shall  be  taught  and  trained  in  morality,  temper- 
ance, and  frugality,  and  they  shall  also  be  instructed  in  the 
different  trades  and  callings  of  the  two  sexes  as  far  as  possible, 
in  the  scope  of  the  institution." 

Hospitals  for  the  Insane. — The  first  hospital  for  the  in- 
sane was  located  at  Fort  Steilacoom,  Pierce  county,  in  1886, 
and  the  second,  at  Medical  Lake,  Spokane  county,  in  1888. 
The  former  is  the  western  Washington  hospital  for  the  insane, 
and  the  latter,  the  eastern  Washington  hospital  for  the  insane. 
Both  institutions  are  under  the  management  of  the  state 
board  of  control.  The  chief  officer  of  each  hospital  is  a  su- 
perintendent who  is  appointed  by  the  board  of  control.  The 
superintendent  must  be  a  skillful  practicing  physician,  and 
he  must  reside  at  the  hospital.  He  has  entire  control  of  the 
patients  under  his  charge,  and  he  appoints  the  subordinate 
officers  and  employees  of  the  hospital. 


STATE  INSTITUTIONS  199 

Commitment  of  Insane. — The  judge  of  the  superior 
court  of  each  county  is  the  local  commissioner  of  insani'y. 
Whenever  any  insane  person  is  reported  to  the  judge  of  the 
superior  court  by  some  one  having  knowledge  of  the  condition 
of  the  person  so  affected,  the  statement  being  made  under 
oath,  it  is  the  duty  of  the  judge  to  have  such  person  examined 
as  to  his  sanity.  The  examination  is  conducted  before  two 
reputable  physicians,  or  before  a  jury  which  may  be  sum- 


Eastern  Washington  Hospital  for  the  Insane,  Medical  Lake 

moned  at  the  request  of  the  person  to  be  examined,  or  of 
some  one  acting  for  him.  If,  after  a  careful  examination,  the 
person  is  adjudged  insane,  he  is  ordered  by  the  judge  to  be 
sent  to  the  insane  asylum.  Many  cases  of  insanity  are  only 
temporary,  and  yield  to  proper  treatment.  Everything  is  done 
to  improve  the  condition  of  the  insane,  but  many  cases  are 
found  to  be  incurable. 

Soldiers'  Home. — The  soldiers'  home  supported  by  the 
state  of  Washington,  is  located  at  Orting,  Pierce  county.  All 
honorably  discharged  Union  soldiers,  sailors,  and  marines, 
soldiers  of  the  Spanish-American  war,  and  members  of  the 
state  militia,  if  bona  fide  citizens  of  this  state,  are  entitled  to 


200  WASHINGTON 

admission  to  the  home.  The  rules  governing  the  home  pro- 
vide for  the  general  welfare  of  those  enrolled.  The  sick  and 
infirm  receive  special  care,  and  everything  is  done  to  insure  a 
comfortable  home  for  all  the  members.  Similar  homes  are 
maintained  in  all  the  northern  states;  the  general  government 
supports  a  national  home  for  old  soldiers  at  Sawtelle,  Cali- 
fornia, and  nearly  all  the  southern  states  support  similar 
homes  for  confederate  soldiers. 


BOOK  II.    THE  NATION 

CHAPTER  I 
FORMS  OF  GOVERNMENT 

Origin  of  Government. — From  the  earliest  history  of 
mankind,  there  have  been  leaders  among  men,  and  from 
the  apparent  necessity  for  leaders  in  all  classes  and  among 
all  conditions  of  society,  various  systems  of  government  have 
been  developed.  When  there  were  few  people  on  the  earth, 
government  was  a  simple  matter,  for,  when  the  interests  of 
individuals  seemed  to  conflict,  trouble  was  avoided  by  the 
withdrawal  of  one  to  the  right  hand  and  of  the  other  to  the 
left. 

Patriarchal. — The  family  is  of  necessity  the  unit  in  gov- 
ernment, and  the  father,  as  the  head  of  the  family,  represents 
the  first  idea  of  ruler.  Patriarchal  government  means  a  gov- 
ernment by  the  father.  As  families  increased  in  number,  those 
closely  related  were  united  into  a  tribe,  and  the  leader  of  the 
tribe  was  one  of  the  patriarchs,  or  fathers.  This  form  of  gov- 
ernment prevailed  among  the  Hebrews  in  early  times,  and  it 
exists  among  the  Indians  in  our  own  country  to-day.  It  is 
also  an  essential  element  of  all  good  popular  government. 

Theocratic. — A  theocracy  is  a  form  of  government  in 
which  the  laws  are  given  by  revelation  from  God.  The  ten 
commandments,  or  decalogue,  given  to  Moses  on  Mount 
Sinai,  were  the  basis  of  this  form  of  government  among  the 
ancient  Hebrews, 

301 


202  THE  NATION 

Monarchial. — When  a  crisis  arose  in  the  history  of  any 
people,  it  was  perfectly  natural  for  them  to  seek  some 
prominent  person  from  their  own  number,  or  for  some  self- 
appointed  leader  to  undertake  the  work  of  saving  the  nation. 
This  led  to  the  monarchial  government,  or  the  rule  of  one 
person.  The  monarchial  form  of  government  was  developed 
from  the  parental  form,  and  some  of  the  most  powerful  gov- 
ernments that  have  ever  existed  have  been  monarchies. 

Powers  of  Monarch. — Monarchy  is  a  general  term,  and 
the  chief  ruler  is  called  a  monarch.  Special  names  are  given 
to  the  monarchs  of  different  nations,  as  king,  queen,  emperor, 
czar,  sultan,  etc.  The  power  of  some  monarchs  is  limited  by 
a  constitution  and  laws,  while  others  are  "a  law  unto  them- 
selves." According  to  the  power  the  sovereign  has  over  his 
subjects,  a  monarchy  is  said  to  be  either  absolute  or  limited. 
England  and  Germany  are  good  examples  of  limited  mon- 
archies, and  Russia  and  Turkey  until  recently  were  notable 
examples  of  an  absolute  monarchy. 

Title  to  Throne.— With  reference  to  the  title  of  the  ruler 
to  the  throne,  monarchies  are  either  hereditary  or  elect- 
ive. Elective  monarchies  have  not  been  numerous  at  any 
time  in  the  world's  history,  and,  in  fact,  the  idea  of  a  popular 
election  of  a  monarch  seems,  in  the  nature  of  things,  an  im- 
possibility. In  an  hereditary  monarchy,  the  succession  to  the 
throne  is  generally  established  in  a  royal  family.  The  line  of 
succession  is  usually  from  the  father  to  the  oldest  son.  In 
some  monarchies,  if  there  are  no  sons  living,  the  daughters  of 
the  sovereign  are  considered  in  the  line  of  succession,  in  the 
order  of  their  ages,  beginning  with  the  eldest,  while  in  others 
no  woman  can  succeed  to  the  throne. 

Aristocratic. — An  aristocracy  is  a  necessary  attendant 
upon  monarchy.  Aristocracy  means  a  government  by  the 


FORMS  OF  GOVERNMENT  203 

best,  and,  if  the  word  could  always  be  used  in  its  literal  sense, 
such  a  form  of  government  would  not  be  a  bad  one.  An  in- 
herited title  of  best  is  not  always  a  sure  sign  of  goodness,  and 
some  aristocracies,  instead  of  being  governments  by  the  best, 
have  been  governments  by  the  worst. 

Growth. — During  the  middle  ages,  and  especially  while 
the  feudal  system  was  in  process  of  development,  there  grew 
up  among  the  principal  nations  of  Europe,  a  number  of  rich 
and  powerful  families  that  often  exercised  as  great  influence 
in  governmental  affairs  as  did  the  rulers  themselves.  Some- 
times the  nobles  were  not  only  "  the  power  behind  the  throne," 
but  they  often  usurped  the  power  of  the  sovereign  and  be- 
came, in  reality,  the  rulers  of  the  realm. 

English  Nobility. — In  England,  an  elaborate  system  of 
nobility  is  still  maintained.  It  consists  of  members  of  the 
royal  family,  four  archbishops  of  England  and  Ireland,  and 
the  five  orders  of  nobility,  duke,  marquis,  earl,  viscount,  and 
baron.  A  duke  was  at  first  a  military  leader,  and  it  is  easy  to 
see  that,  in  the  development  of  an  aristocracy,  the  successful 
leaders  in  battle  would  be  given  the  highest  place.  Marquis 
was  also  a  military  title  conferred  upon  an  officer  whose  duty 
it  was  to  guard  the  marches,  or  frontiers,  of  the  kingdom. 
Earl  is  an  English  title  equivalent  to  that  of  count  in  Ger- 
many and  other  continental  countries  of  Europe.  The  wife 
of  an  earl  is  called  a  countess.  An  earl  had  the  right  to  rule 
over  a  division  of  a  kingdom  equivalent  to  a  county.  The 
earl  often  delegated  his  power  to  a  vicecount,  or  viscount, 
whose  duties  were  quite  like  those  of  a  sheriff.  The  viscount 
is  the  title  next  lower  in  rank  than  earl.  The  barons  had 
charge  of  smaller  tracts  of  land  than  the  earls,  and  they  were, 
therefore,  of  lower  rank.  Baron  is  now  the  lowest  order  of 
nobility. 


204  THE  NATION 

"  The  Grand  Model." — Only  one  attempt  was  ever  made 
to  establish  an  aristocratic  form  of  government  in  the  United 
States.  The  noted  philosopher,  John  Locke,  was  employed 
to  draft  a  constitution  for  the  Carolinas,  in  1672,  and  a  sys- 
tem of  titled  nobility  was  a  part  of  the  plan  that  he  proposed. 
But  his  "grand  model"  proved  a  grand  failure. 

Democratic. — A  democracy  is  a  form  of  government  in 
which,  in  theory  at  least,  the  will  of  the  people  is  law.  The 
term  signifies  the  power  of  the  people.  A  pure  democracy  is 
possible  only  in  a  country  having  a  very  limited  area  and  a 
small  population.  Under  this  form  of  government,  all  the 
people  are  supposed  to  have  an  equal  share  in  the  adminis- 
tration of  the  government.  The  nearest  approach  to  a  de- 
mocracy in  this  country  is  found  in  the  New  England  town 
meeting,  and  in  similar  local  gatherings  in  other  sections. 

Republican. — A  republic  is  a  natural  outgrowth  of  de- 
mocracy. It  is  impossible  for  a  people,  large  in  numbers  and 
occupying  much  territory,  to  meet  at  one  place  for  the  pur- 
pose of  making  laws.  In  a  republic,  the  powers  of  the  people 
are  delegated  to  representatives  chosen  by  the  people  them- 
selves, or  appointed  in  a  manner  approved  by  the  people. 
The  United  States  furnishes  the  best  example  of  a  republic 
known  to  history.  France  and  Switzerland  are  the  great  re- 
publics of  Europe,  but  they  differ  in  many  respects  from  the 
United  States.  Mexico,  the  Central  American  states,  and  all 
the  independent  governments  of  South  America  are  republics. 


CHAPTER  II 
THE  THIRTEEN  COLONIES 

Settlements  in  the  United  States. — For  nearly  a  century 
after  the  discovery  of  America  by  Columbus,  no  permanent 
settlements  were  made  in  what  is  now  the  United  States. 
Spain,  England,  France,  Sweden,  and  Holland,  however, 
sent  out  various  explorers  and  laid  claim  to  territory  along 
the  Atlantic  seaboard  by  the  so-called  right  of  discovery  and 
occupation.  In  the  early  part  of  the  seventeenth  century, 
settlements  were  made  by  each  of  these  nations  with  a  view  to 
making  good  its  claims. 

Conflicting  Claims. — Spain  claimed  the  whole  continent, 
but  did  not  plant  any  permanent  settlements  north  of  Florida. 
The  conflicting  claims  of  England  and  France  finally  led  to  a 
struggle  between  these  two  great  powers  that  was  to  decide 
which  of  them  should  direct  the  destinies  of  northern  Amer- 
ica. This  contest,  known  as  the  French  and  Indian  war 
(1754-1763),  gave  to  England  the  control  of  Canada  and 
of  that  portion  of  the  United  States  which  is  east  of  the  Mis- 
sissippi and  north  of  Florida. 

English  Colonies. — The  Dutch  and  Swedish  settlements 
along  the  Atlantic  coast,  meanwhile,  had  been  conquered  or 
absorbed  by  the  English,  so  that  the  English  colonies  ex- 
tended from  Maine  on  the  north  to  Georgia  on  the  south. 
They  included  what  are  commonly  known  as  "the  thirteen 
original  states," — New  Hampshire,  Massachusetts,  Rhode 

205 


206  THE  NATION 

Island,  Connecticut,  New  York,  New  Jersey,  Pennsylvania, 
Delaware,  Maryland,  Virginia,  North  Carolina,  South  Caro- 
lina, and  Georgia. 

Government. — The  government  of  the  English  colonies 
was  patterned  after  the  government  of  England.  Each  colony 
had  a  legislature,  partly  elected  by  the  people,  which  levied 
taxes  and  made  laws.  Each  colony  had  a  governor,  who 
represented  the  king,  and  who  appointed  judges  and  other 
officers.  The  governor  usually  had  more  power  than  the 
governor  of  a  state  has  now,  for  he  could  summon  and  ad- 
journ the  legislature  whenever  he  liked,  and  no  bill  could  be 
passed  over  his  veto.  The  governors  were  often  arbitrary 
and  despotic,  and  conflicts  between  them  and  the  people  were 
common. 

Differences  in  Government. — Each  colony  was  independ- 
ent of  the  rest,  and  there  were  many  differences  in  the 
several  colonial  governments.  Three  of  the  colonies  (Rhode 
Island,  Connecticut,  Massachusetts)  were  governed  under 
charters,  which  were  granted  to  the  colonists  by  the  king,  and 
gave  them  certain  rights  of  self-government.  Three  others 
(Maryland,  Pennsylvania,  and  Delaware)  were  proprietary 
colonies;  that  is,  in  each  one  the  land  was  originally  owned  by 
a  proprietor  to  whom  the  king  had  given  it,  together  with  the 
right  to  govern  it,  and  as  a  result  the  governors  of  these 
colonies  were  still  appointed  by  the  descendants  of  the  first 
proprietors.  The  other  seven  colonies  were  royal  provinces: 
in  them  the  king  appointed  the  governors.  The  New  Eng- 
land colonies  had  the  town  or  township  system  of  local  gov- 
ernment; the  southern  colonies,  the  county  system;  the 
middle  colonies,  a  mixed  system,  with  both  town  and  county 
officers. 

Other  Differences. — The  colonies  had  been  settled  in  the 


THE  THIRTEEN  COLONIES  207 

first  place  for  various  reasons,  by  people  differing  in  politics, 
religion,  and  manner  of  life.  In  some  of  the  colonies  there 
were  many  people  of  non-English  races.  Each  colony  had 
a  history  of  which  it  was  proud,  and  there  were  many  inter- 
colonial jealousies. 

Steps  Toward  Union. — At  various  times  it  was  found 
necessary  for  the  colonies  to  combine  against  the  Indians, 
and  other  enemies.  Four  New  England  colonies  kept  up  a 
league,  called  the  United  Colonies  of  New  England,  for  more 
than  forty  years  (1643-85).  The  wars  with  Spain  and  France 
were  the  occasion  for  many  conferences  that  could  have  but 
one  result — the  fostering  of  a  spirit  of  cooperation  and  union. 
In  1754,  the  Albany  congress  was  held.  This  was  a  conven- 
tion of  delegates  to  secure  by  treaty  and  presents  the  friend- 
ship of  the  Iroquois  Indians,  just  before  the  great  French  and 
Indian  war.  The  moving  spirit  of  the  meeting  was  Benjamin 
Franklin,  one  of  the  delegates  from  Pennsylvania.  A  plan 
of  union  was  adopted  to  be  submitted  to  the  colonies  for 
ratification,  and  to  the  king  for  his  approval.  It  was  rejected 
by  the  colonies  because  they  thought  it  gave  the  king  too 
much  power,  and  it  was  rejected  by  the  king  as  too  demo- 
cratic and  as  giving  the  colonies  too  much  power.  As  we  read 
it  now,  the  document  appeals  to  us  as  very  moderate  and 
conservative  in  tone.  Under  other  conditions,  it  might  have 
been  the  means  of  bringing  about  such  a  feeling  of  good  will 
between  the  colonies  and  the  mother  country  that  the  Revolu- 
tion would  have  been  averted. 

Oppression  by  Parliament. — The  determining  cause  that 
brought  about  the  union  of  the  colonies  was  a  series  of  op- 
pressive acts  passed  by  the  English  parliament.  The  col- 
onies, unable  to  unite  in  time  of  peace,  or  in  opposition 
to  foreign  enemies,  were  at  last  driven  into  union  to  pre- 


208  THE  NATION 

serve  their  liberties  from  being  overthrown  by  the  mother 
country. 

Navigation  Acts. — The  navigation  acts  were  passed  by 
parliament  for  the  purpose  of  controlling  commerce  between 
the  colonies  and  the  rest  of  the  world.  They  provided  that 
certain  goods  exported  from  the  colonies  should  be  carried  to 
England  only,  and  also  that  all  goods  exported  from  the  colo- 
nies must  be  carried  in  English  or  colonial  vessels,  with  crews 
composed  principally  of  Englishmen.  These  laws  received 
little  attention  at  first,  but  when  they  were  enforced  in  such 
a  way  as  to  cripple  the  colonies  and  their  commerce,  bitter 
opposition  arose. 

Other  Laws. — England  prohibited  such  manufactures  in 
the  colonies  as  would  compete  with  English  manufactures. 
By  the  molasses  act  (1733)  it  also  levied  a  tax  on  sugar  and 
molasses  imported  into  the  colonies  from  foreign  lands. 
This  was  intended  to  favor  the  sugar  planters  of  the  British 
West  Indies;  but  as  a  flourishing  trade  had  sprung  up  be- 
tween the  colonies  and  the  French  West  Indies,  the  molasses 
act  was  resented  as  oppressive,  and  was  evaded  by  smuggling. 

England's  Policy  in  1760. — Before  the  close  of  the  French 
and  Indian  war,  England  decided  to  revive  all  the  laws  that 
had  been  passed  for  the  purpose  of  raising  revenue  from  the 
colonies,  and  to  make  them  more  binding,  if  possible,  than 
was  intended  at  first.  It  was  claimed  by  parliament  that  the 
colonies  should  be  made  to  help  support  an  army  for  their 
future  defense.  The  colonies  claimed  that  they  were  entitled 
to  representation  in  parliament,  if  they  were  to  be  taxed  by 
parliament.  This  claim  was  denied  by  parliament  and  the 
king.  The  colonies  were  obstinate,  and  they  gave  voice  to 
their  sentiments  in  the  maxim,  "Taxation  without  represen- 
tation is  tyranny." 


THE  THIRTEEN  COLONIES  209 

Effect. — The  restrictions  upon  the  commerce  of  the  colo- 
nies aroused  bitter  opposition,  and  smuggling  was  openly 
advocated  and  practiced  by  those  engaged  in  the  carrying 
trade.  This  led  to  the  issuing  of  what  were  known  as  writs 
of  assistance,  in  1761.  These  writs  gave  the  collectors  of 
customs  the  right  to  enter  any  place  at  any  time  in  searching 
for  smuggled  goods.  Any  person  who  resisted  such  search 
was  liable  to  be  arrested  and  sent  to  England  for  trial.  A 
storm  of  indignation  followed.  A  great  public  meeting  was 
held  in  Boston  to  consider  the  matter.  The  injustice  of  the 
measure  was  clearly  and  forcibly  shown  by  James  Otis  and 
others,  and  the  meeting  adjourned  with  the  full  determination 
to  resist  the  enforcement  of  the  law.  A  prominent  writer 
says  of  this  meeting,  "Then  and  there,  was  the  first  scene  of 
the  first  act  of  opposition  to  the  arbitrary  claims  of  Great 
Britain.  Then  and  there,  the  child  Independence  was  born. 
In  fifteen  years,  i.  e.,  in  1776,  he  grew  up  to  manhood  and  de- 
clared himself  free." 

The  Stamp  Act. — This  obnoxious  measure  was  passed  by 
parliament  in  1765.  By  its  terms,  stamps  and  stamped  paper 
were  required  to  be  purchased  from  revenue  officers,  in  the 
English  colonies  in  America,  for  use  in  the  preparation  of  all 
legal  documents,  deeds,  bonds,  notes,  mortgages,  and  other  in- 
struments. A  stamp  tax  was  also  placed  upon  newspapers, 
pamphlets,  almanacs,  and  many  other  articles.  The  stamps 
varied  in  value  from  half  a  penny  to  several  pounds. 

First  Colonial  Congress. — This  body,  commonly  called 
"The  Stamp- Act  Congress,"  met  at  New  York,  October  7, 
1765.  Twenty-eight  delegates  were  present,  representing 
nine  of  the  colonies.  Among  the  delegates  were  some  of  the 
most  talented  men  in  the  land.  After  a  spirited  discussion 
the  condition  of  the  colonies  and  the  effect  the  Stamp  Act 


2io  THE  NATION 

would  have,  if  enforced,  they  adopted  a  series  of  resolutions 
which  declared  that  no  taxes  ever  had  been  or  could  be  con- 
stitutionally imposed  upon  the  colonies,  except  by  their  re- 
spective legislatures.  A  declaration  of  rights  as  Englishmen 
and  a  memorial  to  the  king  were  also  adopted. 

Sons  of  Liberty. — To  oppose  the  Stamp  Act,  organizations 
bearing  the  title  "Sons  of  Liberty"  were  formed  everywhere. 
These  societies  determined  to  prevent  the  enforcement  of 
the  Stamp  Act,  and  in  this  they  were  successful.  Some  of  the 
stamped  paper  was  destroyed,  some  was  seized  and  sent  back 
to  England,  while  unstamped  paper  was  used  in  open  disre- 
gard of  the  law.  Some  of  the  stamp  officers  were  burned  in 
effigy,  and  nearly  all  were  compelled  to  resign.  The  law 
could  not  be  enforced. 

Repeal  of  the  Stamp  Act. — After  much  discussion,  par- 
liament repealed  the  Stamp  Act,  in  March,  1766.  The  de- 
mand for  its  repeal  came  from  the  commercial  classes  of 
Great  Britain  as  strongly  as  from  the  colonies  themselves, 
for  the  colonists  refused  to  buy  English  goods  while  the  act 
was  in  force. 

The  Townshend  Act. — Although  parliament  repealed  the 
Stamp  Act,  it  still  claimed  the  right  to  tax  the  colonies.  A 
year  later  it  passed  the  so-called  Townshend  Act,  laying  a  tariff 
tax  upon  glass,  white  lead,  red  lead,  painters'  colors,  paper, 
and  tea.  This  law  met  with  more  determined  opposition,  if 
possible,  than  had  the  Stamp  Act.  In  1771,  therefore,  all 
the  duties  provided  for  by  it  were  removed  except  a  small 
tax  upon  tea.  It  was  thought  that  the  colonies  would  not 
object  to  the  payment  of  this  tax,  since  by  the  provisions  of 
a  new  law,  tea  intended  to  be  sold  to  the  American  colonies 
was  relieved  from  paying  the  regular  import  duty  in  England, 
and  so  could  be  sold  as  cheap  as  before. 


THE  THIRTEEN  COLONIES  211 

The  "  Boston  Tea-Party." — When  it  became  apparent  that 
parliament  intended  to  enforce  the  payment  of  the  tax  upon 
tea,  there  was  another  burst  of  popular  indignation.  In 
the  fall  of  1773,  shiploads  of  tea  were  sent  to  the  principal 
seaports  of  the  colonies,  and  officers  were  appointed  to  re- 
ceive it.  But  many  of  the  ships  were  sent  back  with  their 
tea.  At  Boston,  the  governor  prevented  the  tea  ships  from 
returning,  so  a  party  of  men  disguised  as  Indians  went  on 
board  the  ships,  seized  the  chests  of  tea,  and  threw  them  over- 
board into  the  harbor.  It  is  thought  that  about  one  hundred 
and  fifty  citizens  of  Boston,  under  the  leadership  of  Samuel 
Adams  and  Paul  Revere,  took  part  in  the  work  of  destruction. 

Retaliation. — As  a  means  of  punishing  the  people  of 
Boston  for  destroying  the  tea,  parliament,  early  in  1774, 
passed  what  was  called  the  Boston  Port  Bill.  This  act  pro- 
vided that  Boston  should  be  no  longer  a  port  of  entry  until 
the  tea  that  was  destroyed  had  been  paid  for. 

First  Continental  Congress. — The  First  Continental, 
or  Second  Colonial,  Congress,  as  it  is  sometimes  called,  was 
the  result  of  the  passage  of  the  Boston  Port  Bill.  This  body 
met  at  Philadelphia,  September  5,  1774.  Twelve  colonies 
were  represented  by  fifty- five  delegates.  The  resolutions 
adopted  were  submitted  to  the  colonies  and  met  with  the 
hearty  approval  of  the  people. 

The  Second  Continental  Congress. — Before  it  adjourned, 
the  last  congress  had  appointed  another  meeting  to  be  held 
at  Philadelphia,  in  May,  1775.  Before  that  time  arrived, 
the  great  war  that  resulted  in  American  independence  had 
un.  When  the  congress  met,  on  the  tenth  of  May,  vigor- 
measures  were  adopted  for  the  prosecution  of  the  war. 

n  army  was  raised,  and  Washington  was  chosen  commander 

I  chief. 
Washington — 14 


CHAPTER  III 
THE  ARTICLES  OF  CONFEDERATION 

Independence. — On  June  7,  1776,  Richard  Henry  Lee,  of 
Virginia,  introduced  a  resolution  in  congress  asserting  "  That 

the  united  colonies  are, 
and  of  right  ought  to 
be,  free  and  independ- 
ent states;  that  they 
are  absolved  from  all 
allegiance  to  the  Brit- 
ish crown,  and  that 
all  political  connection 
between  them  and  the 
state  of  Great  Britain 
is,  and  ought  to  be, 
totally  dissolved.  That 
a  plan  of  confedera- 
tion be  prepared  and 
transmitted  to  the  re- 
spective colonies  for 
their  consideration  and 

The  Liberty  Bell  approbation." 

Adoption. — This  resolution  was  adopted  July  2,  and  was 
the  forerunner  of  the  formal  Declaration  of  Independence 
(page  398)  which  was  adopted  by  congress,  July  4,  1776.  It 
had  been  written  mostly  by  Thomas  Jefferson,  one  of  a 

212 


THE  ARTICLES  OF  CONFEDERATION  213 

committee  of  five  appointed  for  that  purpose.  It  was  agreed 
that  the  Declaration  should  be  engrossed  and  signed  by  all 
the  members  of  congress.  The  preparation  of  the  document, 
in  suitable  form,  was  not  completed  until  August  2,  and,  on 
that  date  many  of  the  signatures  were  affixed  to  it.  During 
the  progress  of  the  signing,  some  one  remarked  that  they 
must  all  hang  together  in  the  matter.  "Yes,  indeed,"  ex- 
claimed Franklin,  "or  we  shall  all  hang  separately." 

State  Governments. — In  1775,  congress  had  recommended 
that  the  colonies  break  away  from  the  power  of  the  king  and 
parliament,  and  form  state  governments  for  themselves. 
This  was  accordingly  done,  each  state  deciding  for  itself  just 
what  the  provisions  of  its  constitution  should  be.  In  two 
cases,  the  charters  under  which  the  colonies  had  long  been 
governed  were  made  the  basis  of  the  new  constitutions,  the 
most  important  change  being  the  substitution  of  the  word 
"people"  for  "king." 

Union  of  Colonies. — Even  before  the  Declaration  of  In- 
dependence was  adopted,  congress  began  to  take  steps  leading 
to  a  confederation  of  the  colonies.  Early  in  June,  1776,  a 
committee  had  been  appointed  to  draft  a  plan  of  government, 
in  case  independence  should  be  decided  upon.  Shortly  after 
the  Declaration  was  adopted,  this  committee  made  its  report. 
A  long  discussion  followed,  and  it  was  not  until  November  15, 
1777,  that  the  articles  of  confederation  were  adopted. 

Articles  of  Confederation. — This  plan  of  government  for 
the  United  States  of  America  was  submitted  to  the  states 
at  once,  and  the  assent  of  twelve  states  was  soon  obtained. 
One  of  the  provisions  of  the  plan  was  that  the  articles  were 
not  to  be  binding  upon  any  of  the  colonies  until  all  had 
ratified  them.  It  was  not  until  March  i,  1781,  that  the 
delegates  from  Maryland  signed  the  compact.  On  the  fol- 


214  THE  NATION 

lowing  day,  congress  assembled  under  the  new  form  of 
government. 

Difficulties. — Many  of  the  provisions  of  the  articles  of  con- 
federation seem  strange  to  us,  until  we  consider  that  the 
whole  plan  of  the  new  government  was  an  experiment.  While 
it  resulted  in  little  less  than  failure,  that  very  fact  enabled  the 
founders  of  the  constitutional  government,  a  few  years  later, 
to  profit  by  the  mistakes  of  the  old  form.  The  articles  of 
confederation  provided  for  a  firm  league  of  friendship  among 
the  states.  But,  even  before  the  new  government  went  into 
effect,  disputes  arose  between  neighboring  states,  and  the 
common  danger  which  threatened,  in  case  they  were  unsuc- 
cessful in  the  war  in  which  they  were  engaged,  alone  pre- 
vented civil  war. 

Provisions. — Instead  of  the  three  branches  of  government 
to  which  we  are  accustomed,  the  articles  of  confederation 
provided  for  only  one  branch,  the  legislative,  and  the  con- 
gress consisted  of  but  one  house.  There  was  no  president, 
vice  president,  or  cabinet,  and  no  system  of  courts.  Members 
of  congress  were  permitted  to  serve  only  three  years  in  any 
period  of  six  years.  There  was  no  provision  for  a  general 
treasury,  and  the  delegates  to  congress  were  paid  by  their 
respective  states.  All  the  members  of  congress  were  elected 
for  one  year,  but  any  state  might  recall  any  or  all  of  its  mem- 
bers at  any  time,  and  send  others  to  serve  in  their  stead.  No 
state  could  have  less  than  two,  nor  more  than  seven,  mem- 
bers. Each  state  had  but  one  vote,  cast  by  the  majority  of 
the  members  from  that  state. 

Defects. — The  principal  defect  in  the  articles  of  confedera- 
tion was  that  they  gave  the  general  government  very  little 
power.  Congress  could  declare  war,  but  could  not  raise  an 
army  to  carry  it  on.  Congress  could  apportion  the  number 


THE  ARTICLES  OF  CONFEDERATION 


215 


of  troops  to  be  raised  among  the  several  states,  but  it  could 
not  compel  a  state  to  furnish  a  single  soldier.    In  the  language 
of  a  noted  statesman,  "  Congress  has 
the  power  to  declare  everything,  but 
it  can  do  nothing." 

Condition  of  the  Country. — Such  a 
condition  could  not  last  long.  Within 
a  short  time  after  the  end  of  the  Revo- 
lutionary war,  the  nation  was  on  the 
verge  of  anarchy.  Each  of  the  states 
was  jealous  of  every  other  state.  The 
weakness  of  the  central  government 
had  become  evident,  and  very  little  at- 
tention was  paid  to  the  acts  of  congress 
by  any  of  the  states.  At  the  close  of 
the  war,  congress  consisted  of  ninety- 
one  members,  but  it  often  happened, 
for  days  in  succession,  that  a  quorum 
was  not  present  for  the  transaction  of 
business.  In  1784,  there  were  not 
more  than  twenty  members  of  con- 
gress who  attended  the  meetings  of 
that  body  regularly,  and  they  were 
often  disheartened  by  the  difficul- 
ties which  confronted  them.  George 
Washington  was  a  persistent  critic  of 
the  articles  of  confederation,  and  as 
early  as  1783  he  wrote  a  letter  to  the  governors  of  the  states 
urging  a  stronger  union. 

1  Bronze  statue  of  George  Washington,  property  of  Spokane  Chapter, 
Daughters  of  the  Revolution.  The  pedestal  is  made  from  the  trunk  of  the 
first  cherry  tree  grown  in  Spokane  county. 


Washington 


CHAPTER  IV 
THE  CONSTITUTIONAL  CONVENTION 

Revision  of  Articles. — The  first  action  taken  for  the  pur- 
pose of  strengthening  the  general  government  was  a  resolu- 
tion adopted  by  the  legislature  of  Massachusetts,  in  1785.  A 
convention  of  delegates  from  all  the  states  was  recommended, 
but  no  definite  action  was  taken.  Later  in  the  year,  delegates 
from  Maryland  and  Virginia  met  at  Alexandria  to  settle  some 
disputes  about  the  boundary  line  between  those  states.  These 
commissioners  discussed  the  serious  condition  of  the  nation 
at  large,  and,  before  adjournment,  recommended  that  a  na- 
tional commission  be  appointed  to  settle  all  disputes  among 
the  states. 

Annapolis  Convention. — In  September,  1786,  a  trade  con- 
vention met  at  Annapolis,  Maryland,  to  consider  the  com- 
mercial interests  of  the  United  States.  Only  five  states  were 
represented,  and  nothing  definite  was  accomplished  by  the 
meeting.  Before  adjourning,  however,  the  convention  recom- 
mended that  commissioners  be  appointed  to  meet  in  conven- 
tion, at  Philadelphia,  on  the  second  Monday  in  May,  1787. 

Action  of  Congress. — In  February,  1787,  congress  passed 
a  resolution  urging  the  states  to  appoint  delegates  to  attend 
the  Philadelphia  meeting,  for  the  sole  purpose  of  revising  the 
articles  of  confederation.  The  appointment  of  delegates  was 
made,  but  owing  mainly  to  the  difficulties  of  travel,  only  a 
small  number  had  reached  Philadelphia  by  the  time  ap- 

216 


THE  CONSTITUTIONAL  CONVENTION          '217 

pointed.  The  convention  was  organized  on  the  25th  of  May 
by  the  election  of  George  Washington  as  chairman. 

Delegates. — Each  state  had  selected  some  of  its  ablest  men 
to  be  delegates  to  the  convention.  Rhode  Island  alone  re- 
fused to  be  represented.  George  Washington,  Benjamin 
Franklin,  Robert  Morris,  Gouverneur  Morris,  James  Madi- 
son, Alexander  Hamilton,  James  Wilson,  Charles  Cotesworth 
Pinckney,  Rufus  King,  William  Livingston,  and  Roger  Sher- 
man were  some  of  the  most  distinguished  members.  Fifty- 
five  delegates  made  up  the  convention,  and  the  verdict  of 
more  than  a  century  is  that  their  work  was  well  done. 

Tribute  to  Members. — James  Madison,  in  the  journal  of 
the  convention  kept  by  him,  says:  "There  never  was  an  as- 
sembly of  men,  charged  with  a  great  and  arduous  trust,  who 
were  more  pure  in  their  motives,  or  more  exclusively  or  anx- 
iously devoted  to  the  object  committed  to  them  than  were  the 
members  of  the  constitutional  convention  of  1787,  to  the  ob- 
ject of  devising  and  proposing  a  constitutional  system  which 
should  best  supply  the  defects  of  that  which  it  was  to  replace, 
and  best  secure  the  permanent  liberty  and  happiness  of  their 
country." 

Plans  Proposed. — Three  plans  of  government  were  pro- 
posed for  the  consideration  of  the  convention.  The  first, 
known  as  the  Virginia  plan,  was  advocated  by  Edmund  Ran- 
dolph, and  many  of  its  general  provisions  were  finally  in- 
corporated into  the  new  constitution.  Charles  Pinckney,  of 
South  Carolina,  presented  a  plan  from  which  some  help  was 
derived  in  the  discussions  of  the  convention.  William  Patter- 
son gave  the  convention  what  is  known  as  the  New  Jersey 
plan.  He  wished  to  have  the  new  government  simply  a  con- 
federation of  states,  and  he  hoped  to  bring  this  about  by  a 
modification  of  the  articles  of  confederation.  The  defects  of 


218  THE  NATION 

those  articles  were  so  numerous,  and  the  demands  for  a  better 
form  of  government  so  urgent,  that  this  plan  helped  the  con- 
vention only  in  furnishing  material  for  discussion  and  com- 
parison. 

Conflicting  Aims. — At  the  very  beginning  of  its  work,  the 
convention  was  confronted  with  two  widely  differing  views 
concerning  the  nature  of  the  new  government.  Some  of  the 
members  opposed  the  surrender  of  state  sovereignty  to  the 
general  government.  The  principle  of  state  rights,  so  trou- 
blesome in  after  years,  was  stoutly  maintained  by  some  of 
the  delegates  whenever  an  occasion  presented  itself  during 
the  convention.  Those  who  favored  the  building  of  a  nation 
instead  of  forming  a  sisterhood  of  states  insisted  that,  in  all 
things  pertaining  to  the  general  welfare  of  all  the  people,  the 
states  must  yield  authority  to  the  national  power. 

Alexander  Hamilton  was  one  of  the  ablest  advocates  of  a 
strong  central  government  for  the  nation.  He  asserted,  "If 
we  are  to  be  a  nation,  all  state  distinctions  must  be  abolished." 
And  again  he  said,  "  A  complete  sovereignty  should  be  given 
to  the  general  government,  such  as  will  turn  the  strong  prin- 
ciples and  passions  of  men  on  its  side."  The  advocates  of 
the  confederation  of  states  were  no  less  positive  in  the  views 
they  held.  In  this,  as  in  nearly  every  other  matter  that  came 
before  the  convention,  concessions  from  the  extreme  views 
held  on  each  side  were  necessary.  The  constitution  has  very 
properly  been  called  "a  bundle  of  compromises." 

Work  of  the  Convention. — The  convention  remained  in 
session  till  September  7,  1787,  four  months  and  three  days 
from  the  time  appointed  for  its  meeting.  The  final  draft  of 
the  constitution  was  made  by  Gouverneur  Morris.  Several 
of  the  members  objected  to  some  minor  points  in  the  consti- 
tution, but  only  sixteen — among  them  Edmund  Randolph, 


THE  CONSTITUTIONAL  CONVENTION  219 

George  Mason,  and  Elbridge  Gerry — refused  to  sign  it. 
1C  very  state  represented  in  the  convention  was  also  repre- 
sented among  the  signers  of  the  constitution. 

Two  Views.— Hon.  William  E.  Gladstone,  England's 
"Grand  Old  Man,"  said  of  the  constitution,  "It  is  the 
greatest  work  ever  struck  off,  at  any  one  time,  by  the  mind  and 
purpose  of  man."  Sir  Henry  Maine  expressed  the  opposite 
view  when  he  said,  "  The  constitution  of  the  United  States  is 
a  modified  version  of  the  British  constitution  which  was  in 
existence  from  1760  to  1787."  In  reality,  most  of  the  consti- 
tution was  adapted  from  the  provisions  of  the  different  state 
constitutions,  as  wall  as  from  the  British  plan  of  government. 

Franklin's  Opinion. — Whilst  the  last  members  were  sign- 
ing, Doctor  Franklin,  looking  towards  the  president's  chair, 
at  the  back  of  which  a  rising  sun  happened  to  be  painted, 
observed  to  a  few  members,  that  painters  had  found  it  diffi- 
cult to  distinguish  in  their  art,  a  rising  from  a  setting  sun. 
"I  have,"  said  he,  "often  and  often,  in  the  course  of  the  ses- 
sion, and  the  vicissitudes  of  my  hopes  and  fears  as  to  its  issue, 
looked  at  that  behind  the  president,  without  being  able  to  tell 
whether  it  was  rising  or  setting;  but,  now  at  length,  I  have  the 
happiness  to  know  that  it  is  a  rising  and  and  not  a  setting 


CHAPTER  V 
CONSTITUTION  OF  THE  UNITED  STATES 

WE,  the  people  of  the  United  States,  in  order  to  form  a  more  per- 
fect union,  establish  justice,  insure  domestic  tranquillity,  provide  for  the 
common  defense,  promote  the  general  welfare,  and  secure  the  bless- 
ings of  liberty  to  ourselves  and  our  posterity,  do  ordain  and  establish 
this  constitution  for  the  United  States  of  America. 

ARTICLE  I 

SECTION  I 

All  legislative  powers  herein  granted  shall  be  vested  in  a  congress  of 
the  United  States,  which  shall  consist  of  a  senate  and  house  of  rep- 
resentatives. 

SECTION  II 

1.  The   house   of   representatives   shall   be  composed  of  members 
chosen  every  second  year  by  the  people  of  the  several  states,  and  the 
electors  in  each  state  shall  have  the  qualifications  requisite  for  electors 
of  the  most  numerous  branch  of  the  state  legislature. 

2.  No  person  shall  be  a  representative  who  shall  not  have  attained 
the  age  of  twenty -five  years,  and  been  seven  years  a  citizen  of  the  United 
States,  and  who  shall  not,  when  elected,  be  an  inhabitant  of  that  state 
in  which  he  shall  be  chosen. 

3.  Representatives  and  direct  taxes  shall  be  apportioned  among  the 
several  states  which  may  be  included  within  this  Union,  according  to 
their  respective  numbers,  which  shall  be  determined  by  adding  to  the 
whole  number  of  free  persons,  including  those  bound  to  service  for -a 
term  of  years,  and  excluding  Indians  not  taxed,  three  fifths  of  all  other 
persons.     The  actual  enumeration  shall  be  made  within  three  years 
after  the  first  meeting  of  the  congress  of  the  United  States,  and  within 

329   . 


CONSTITUTION  OF  THE  UNITED  STATES         221 

every  subsequent  term  of  ten  years,  in  such  manner  as  they  shall  by  law 
direct.  The  number  of  representatives  shall  not  exceed  one  for  every 
thirty  thousand,  but  each  state  shall  have  at  least  one  representative; 
and  until  such  enumeration  shall  be  made,  the  state  of  New  Hampshire 
shall  be  entitled  to  choose  three,  Massachusetts  eight,  Rhode  Island  and 
Providence  Plantations  one,  Connecticut  five,  New  York  six,  New  Jersey 
four,  Pennsylvania  eight,  Delaware  one,  Maryland  six,  Virginia  ten, 
\ortk  Carolina  five,  South  Carolina  five,  and  Georgia  three. 

4.  When  vacancies  happen  in  the  representation  from  any  state,  the 
executive  authority  thereof  shall  issue  writs  of  election  to  fill  such 
vacancies. 

5.  The  house  of  representatives  shall  choose  their  s|>euker  and  other 
officers,  and  shall  have  the  sole  power  of  impeachment. 

SECTION  III 

1.  The  senate  of  the  United  States  shall  be  composed  of  two  senators 
from  each  state,  chosen  by  the  legislature  thereof,  for  six  years;  and 
each  senator  shall  have  one  vote. 

2.  Immediately  after  they  shall  l>c  assembled  in  consequence  of  the 
first  election,  they  shall  U'dividid  as  equally  as  may  IK-  into  three  <  i 
The  scats  of  the  senators  of  the  first  class  shall  be  vacah  d  at  the  rxpira- 
tion  of  the  second  year;  of  the  second  class,  at  the  expiration  of  the 
fourth  year,  and  of  the  third  class,  at  the  expiration  of  the  sixth  year,  so 
that  one  third  may  be  chosen  «  i  year;  and  if  vacancies  happen 
1>\  iv-signation.or  otherwise  during  the  recess  of  the  legislature  of  any 
stair,  the  executive  thereof  may  make  temporary  appointments  until  the 
next  meeting  of  the  legislature,  which  shall  then  fill  such  vacancies. 

3.  No  person  shall  be  a  senator  who  shall  not  have  attained  to  the 
age  of  thirty  years,  and  been  nine  years  a  citizen  of  the  United  States, 
and  who  shall  not,  when  elected,  be  an  inhabitant  of  that  state  for 
which  he  shall  be  chosen. 

4.  The  vice  president  of  the  United  States  shall  be  president  of  the 
senate,  but  shall  have  no  vote,  unless  they  be  equally  divided. 

5.  The  senate  shall  choose  their  other  officers,  and  also  a  president 
pro  tempore  in  the  absence  of  the  vice  president,  or  when  he  shall  exer- 
cise the  office  of  president  of  the  United  States. 

6.  The  senate  shall  have  the  sole  power  to  try  all  impeachments. 


222  THE  NATION 

When  sitting  for  that  purpose  they  shall  be  on  oath  or  affirmation. 
When  the  president  of  the  United  States  is  tried,  the  chief  justice  shall 
preside;  and  no  person  shall  be  convicted  without  the  concurrence  of 
two  thirds  of  the  members  present. 

7.  Judgment  in  cases  of  impeachment  shall  not  extend  further  than 
to  removal  from  office,  and  disqualification  to  hold  and  enjoy  any  office 
of  honor,  trust,  or  profit  under  the  United  States;  but  the  party  con- 
victed shall,  nevertheless,  be  liable  and  subject  to  indictment,  trial, 
judgment,  and  punishment,  according  to  law. 

SECTION  IV 

1.  The  times,  places,  and  manner  of  holding  elections  for  senators 
and  representatives  shall  be  prescribed  in  each  state  by  the  legislature 
thereof;  but  the  congress  may  at  any  time  by  law  make  or  alter  such 
regulations,  except  as  to  the  places  of  choosing  senators. 

2.  The  congress  shall  assemble  at  least  once  in  every  year,  and  such 
meeting  shall  be  on  the  first  Monday  in  December,  unless  they  shall  by 
law  appoint  a  different  day. 

SECTION  v 

1.  Each  house  shall   be  the  judge   of  the   elections,  returns,  and 
qualifications  of  its  own  members,  and  a  majority  of  each  shall  consti- 
tute a  quorum  to  do  business;  but  a  smaller  number  may  adjourn  from 
day  to  day,  and  may  be  authorized  to  compel  the  attendance  of  absent 
members,  in  such  manner  and  under  such  penalties,  as  each  house 
may  provide. 

2.  Each  house  may  determine  the  rules  of  its  proceedings,  punish 
its  members  for  disorderly  behavior,  and  with  the  concurrence  of  two 
thirds,  expel  a  member. 

3.  Each  house  shall  keep  a  journal  of  its  proceedings,  and  from 
time  to  time  publish  the  same,  excepting  such  parts  as  may  in  their 
judgment  require  secrecy;  and  the  yeas  and  nays  of  the  members  of 
either  house  on  any  question  shall,  at  the  desire  of  one  fifth  of  those 
present,  be  entered  on  the  journal. 

4.  Neither  house,  during  the  session  of  congress,  shall,  without  the 
consent  of  the  other,  adjourn  for  more  than  three  days,  nor  to  any  other 
place  than  that  in  which  the  two  houses  shall  be  sitting. 


CONSTITUTION  OF  THE  UNITED  STATES         223 

SECTION  VI 

1.  The  senators  and  representatives  shall  receive  a  compensation 
for  their  services,  to  be  ascertained  by  law,  and  paid  out  of  the  treasury 
of  the  United  States.    They  shall  in  all  cases,  except  treason,  felony, 
and  breach  of  the  peace,  be  privileged  from  arrest  during  their  attend- 
ance at  the  session  of  their  respective  houses,  and  in  going  to  and  return- 
ing from  the  same;  and  for  any  speech  or  debate  in  either  house,  they 
shall  not  be  questioned  in  any  other  place. 

2.  No  senator  or  representative  shall,  during  the  time  for  which  he 
was  elected,  be  appointed  to  any  civil  office  under  the  authority  of  the 
United  States,  which  shall  have  been  created,  or  the  emoluments  whereof 
shall  have  been  increased  during  such  time;  and  no  person  holding  any 
office  under  the  United  States,  shall  be  a  member  of  either  house  during 
his  continuance  in  office. 

SECTION  VII 

1.  All  bills  for  raising  revenue  shall  originate  in  the  house  of  rep- 
resentatives;  but  the  senate  may  propose  or  concur  with  amendments 
as  on  other  bills. 

2.  Every  bill  which  shall  have  passed  the  house  of  representatives 
and  the  senate,  shall,  before  it  becomes  a  law,  be  presented  to  the  presi- 
dent of  the  United  States;  if  he  approve,  he  shall  sign  it,  but  if  not  he 
shall  return  it,  with  his  objections,  to  that  house  in  which  it  shall  have 
originated,  who  shall  enter  the  objections  at  large  on  their  journal,  and 
proceed  to  reconsider  it.    If  after  such  reconsideration  two  thirds  of  that 
house  shall  agree  to  pass  the  bill,  it  shall  be  sent,  together  with  the  objec- 
tions, to  the  other  house,  by  which  it  shall  likewise  be  reconsidered,  and 
if  approved  by  two  thirds  of  that  house,  it  shall  become  a  law.    But  in 
all  such  cases  the  votes  of  both  houses  shall  be  determined  by  yeas  and 
nays,  and  the  names  of  the  persons  voting  for  and  against  the  bill  shall 
be  entered  on  the  journal  of  each  house  respectively.    If  any  bill  shall 
not  be  returned  by  the  president  within  ten  days  (Sundays  excepted) 
after  it  shall  have  been  presented  to  him,  the  same  shall  be  a  law,  in  like 
manner  as  if  he  had  signed  it,  unless  the  congress  by  their  adjournment 
prevent  its  return,  in  which  case  it  shall  not  be  a  law. 

3.  Every  order,  resolution,  or  vote  to  which  the  concurrence  of  the 
senate  and  house  of  representatives  may  be  necessary  (except  on  a  ques- 
tion of  adjournment)  shall  be  presented  to  the  president  of  the  United 


224  THE  NATION 

States;  and  before  the  same  shall  take  effect,  shall  be  approved  by  him, 
or  being  disapproved  by  him,  shall  be  repassed  by  two  thirds  of  the  sen- 
ate and  house  of  representatives,  according  to  the  rules  and  limitations 
prescribed  in  the  case  of  a  bill. 

SECTION  VIII 

The  congress  shall  have  power 

1.  To  lay  and  collect  taxes,  duties,  imposts,  and  excises,  to  pay  the 
debts  and  provide  for  the  common  defense  and  general  welfare  of  the 
United  States;  but  all  duties,  imposts,  and  excises  shall  be  uniform 
throughout  the  United  States; 

2.  To  borrow  money  on  the  credit  of  the  United  States; 

3.  To  regulate  commerce  with  foreign  nations,  and  among  the  several 
states,  and  with  the  Indian  tribes; 

4.  To  establish  an  uniform  rule  of  naturalization,  and  uniform  laws 
on  the  subject  of  bankruptcies  throughout  the  United  States; 

5.  To  coin  money,  regulate  the  value  thereof,  and  of  foreign  coin, 
and  fix  the  standard  of  weights  and  measures; 

6.  To  provide  for  the  punishment  of  counterfeiting  the  securities 
and  current  coin  of  the  United  States; 

7.  To  establish  post  offices  and  post  roads; 

8.  To  promote  the  progress  of  science  and  useful  arts,  by  securing 
for  limited  times  to  authors  and  inventors  the  exclusive  right  to  their 
respective  writings  and  discoveries; 

9.  To  constitute  tribunals  inferior  to  the  supreme  court; 

10.  To  define  and  punish  piracies  and  felonies  committed  on  the 
high  seas,  and  offenses  against  the  law  of  nations; 

11.  To  declare  war,  grant  letters  of  marque  and  reprisal,  and  make 
rules  concerning  captures  on  land  and  water; 

12.  To  raise  and  support  armies,  but  no  appropriation  of  money  to 
that  use  shall  be  for  a  longer  term  than  two  years; 

13.  To  provide  and  maintain  a  navy; 

14.  To  make  rules  for  the  government  and  regulation  of  the  land 
and  naval  forces; 

15.  To  provide  for  calling  forth  the  militia  to  execute  the  laws  of  the 
Union,  suppress  insurrections,  and  repel  invasions; 

16.  To  provide  for  organizing,  arming,  and  disciplining  the  militia, 
and  for  governing  such  part  of  them  as  may  be  employed  in  the  service 


CONSTITUTION  OF  THE  UNITED  STATES         225 

of  the  United  States,  reserving  to  the  states  respectively  the  appointment 
of  the  officers,  and  the  authority  of  training  the  militia  according  to  the 
discipline  prescribed  by  congress; 

1 7.  To  exercise  exclusive  legislation  in  all  cases  whatsoever,  over  such 
district  (not  exceeding  ten  miles  square)  as  may,  by  cession  of  particular 
states,  and  the  acceptance  of  congress,  become  the  seat  of  the  government 
of  the  United  States,  and  to  exercise  like  authority  over  all  places  pur- 
chased by  the  consent  of  the  legislature  of  the  state  in  which  the  same 
shall  be,  for  the  erection  of  forts,  magazines,  arsenals,  dockyards,  and 
other  needful  buildings;  and 

1 8.  To  make  all  laws  which  shall  IK?  necessary  and  proper  for  carry- 
ing into  execution  the  foregoing  powers,  and  all  other  jxwrs  vested  by 
this  constitution  in  the  government  of  the  United  Stairs,  or  in  any 
department  or  officer  thereof. 

SECTION  IX 

1.  The  migration  or  importation  of  such   persons  as  any  of  the 
stairs  now  e.\i>ting  shall  think  projx-r  to  admit,  shall  not  IK-  prohibited 
by  the  congress  prior  to  the  year  one  thousand  eight  hundred  and  eight, 
but  a  tax  or  duty  may  be  imposed  on  such  importation,  not  exceeding 
ten  dollars  for  each  person. 

2.  The  privilege  of  the  writ  of  habeas  corpus  shall  not  be  suspended, 
unless  when  in  casc-s  of  rebellion  or  invasion  the  pul  lie  safety  may  re- 
quire it. 

3.  No  bill  of  attainder  or  ex  jiost  facto  law  shall  be  pa>- 

4.  No  capitation  or  other  direet  tax  shall  \>c  laid,  unless  in  propor- 
tion to  the  census  or  enumeration  hen  inln-fore  directed  to  Ix.-  takt  n. 

5.  No  tax  or  duty  shall  be  laid  on  articles  e.x[x>rtcd  from  any  state. 

6.  No  preference  shall  IK-  given  by  any  regulation  of  commerce  or 
revenue  to  the  ports  of  one  state  <>\vr  those  of  another;  nor  shall  vessels 
bound  to  or  from  one  state,  be  obliged  to  enter,  clear,  or  pay  duties  in 
another. 

7.  No  money  shall  be  drawn  from  the  treasury  but  in  consequence  of 
appropriations  made  by  law;  and  a  regular  statement  and  account  of  the 
receipts  and  expenditures  of  all  public  money  shall  be  published  from 
time  to  time. 

8.  No  title  of  nobility  shall  be  granted  by  the  United  States;  and 
no  person  holding  any  office  of  profit  or  trust  under  them  shall,  without 


226  THE  NATION 

the  consent  of  the  congress,  accept  of  any  present,  emolument,  office,  or 
title,  of  any  kind  whatever,  from  any  king,  prince,  or  foreign  state. 


SECTION  x 

1.  No  state  shall  enter  into  any  treaty,  alliance,  or  confederation; 
grant  letters  of  marque  and  reprisal;  coin  money;  emit  bills  of  credit; 
make  anything  but  gold  and  silver  coin  a  tender  in  payment  of  debts; 
pass  any  bill  of  attainder,  ex  post  facto  law,  or  law  impairing  the  obliga- 
tion of  contracts,  or  grant  any  title  of  nobility. 

2.  No  state  shall,  without  the  consent  of  congress,  lay  any  imposts 
or  duties  on  imports  or  exports,  except  what  may  be  absolutely  necessary 
for  executing  its  inspection  laws;  and  the  net  produce  of  all  duties  and 
imposts,  laid  by  any  state  on  imports  or  exports,  shall  be  for  the  use  of 
the  treasury  of  the  United  States;  and  all  such  laws  shall  be  subject  to 
the  revision  and  control  of  the  congress. 

3.  No  state  shall,  without  the  consent  of  congress,  lay  any  duty  of 
tonnage,  keep  troops  or  ships  of  war  in  time  of  peace,  enter  into  any 
agreement  or  compact  with  another  state,  or  with  a  foreign  power,  or 
engage  in  war,  unless  actually  invaded,  or  in  such  imminent  danger  as 
will  not  admit  of  delay. 


ARTICLE  II 

SECTION  I 

1.  The  executive  power  shall  be  vested  in  a  president  of  the  United 
States  of  America.    He  shall  hold  his  office  during  the  term  of  four  years, 
and,  together  with  the  vice  president,  chosen  for  the  same  term,  be  elected 
as  follows: 

2.  Each   state   shall   appoint,   in   such  manner  as   the   legislature 
thereof  may  direct,  a  number  of  electors,  equal  to  the  whole  number  of 
senators  and  representatives  to  which  the  state  may  be  entitled  in  the 
congress;  but  no  senator  or  representative,  or  person  holding  an  office  of 
trust  or  profit  under  the  United  States,  shall  be  appointed  an  elector. 

[3.  The  electors  shall  meet  in  their  respective  states  and  vote  by  ballot 
for  two  persons,  of  whom  one  at  least  shall  not  be  an  inhabitant  of  the 
same  state  with  themselves.  And  they  shall  make  a  list  of  all  the  persons 
voted  for,  and  of  the  number  of  votes  for  each;  which  list  they  shall  sign 


CONSTITUTION  OF  THE  UNITED  STATES         227 

and  certify,  and  transmit  sealed  to  the  seat  of  government  of  the  United 
States,  directed  to  the  president  of  the  senate.  The  president  of  the 
senate  shall,  in  the  presence  of  the  senate  and  house  of  representatives, 
open  all  the  certificates;  and  the  votes  shall  then  be  counted.  The 
person  having  the  greatest  number  of  votes  shall  be  the  president,  if 
such  number  be  a  majority  of  the  whole  number  of  electors  appointed; 
and  if  there  be  more  than  one  who  have  such  majority,  and  have  an 
equal  number  of  votes,  then  the  house  of  representatives  shall  immedi- 
ately choose  by  ballot  one  of  them  for  president;  and  if  no  person  have 
a  majority,  then  from  the  five  highest  on  the  list  the  said  house  shall  in 
like  manner  choose  the  president.  But  in  choosing  the  president  the 
votes  shall  Ixr  taken  by  states,  tin-  representation  from  each  state  having 
one  vote;  a  quorum  for  this  pur|x>se  shall  consist  of  a  member  or  mem- 
ber- from  tuo  thirds  of  the  states,  and  a  majority  of  all  the  statis  shall 
be  necessary  to  a  choice.  In  every  case,  after  the  choice  of  the  president, 
the  JMT>OM  having  the  greatest  number  of  votes  of  the  electors  shall  be 
the  vice  president.  But  if  there  should  remain  two  or  more  who  have 
equal  votes,  the  senate  shall  choose  from  them  by  ballot  the  vice 
president.] l 

4.  The  congress  may  determine  the  time  of  choosing  the  electors, 
and  the  day  on  which  they  shall  give  their  votes,  which  day  shall  be  the 
same  throughout  the  United  States. 

5.  No  person  except  a  natural  born  citizen,  or  a  citizen  of  the  United 
States  at  the  time  of  the  adoption  of  this  constitution,  shall  be  eligible  to 
the  office  of  president;  neither  shall  any  person  be  eligible  to  that  office 
who  shall  not  have  attained  to  the  age  of  thirty-five  years,  and  been 
fourteen  years  a  resident  within  the  United  States. 

6.  In  case  of  the  removal  of  the  president  from  office,  or  of  his 
death,  resignation,  or  inability  to  discharge  the  powers  and  duties  of  the 
said  office,  the  same  shall  devolve  on  the  vice  president,  and  the  congress 
may  by  law  provide  for  the  case  of  removal,  death,  resignation,  or  inabil- 
ity, both  of  the  president  and  vice  president,  declaring  what  officer  shall 
then  act  as  president,  and  such  officer  shall  act  accordingly  until  the 
disability  be  removed  or  the  president  shall  be  elected. 

7.  The  president  shall,  at  stated  times,  receive  for  his  services  a 
compensation,  which  shall  neither  be  increased  nor  diminished  during 


I 


1  Superseded  by  Twelfth  Amendment. 
Washington — 15 


228  THE  NATION 

the  period  for  which  he  shall  have  been  elected,  and  he  shall  not  receive 
within  that  period  any  other  emolument  from  the  United  States,  or  any 
of  them. 

8.  Before  he  enter  on  the  execution  of  his  office,  he  shall  take  the 
following  oath  or  affirmation: — 

"I  do  solemnly  swear  (or  affirm)  that  I  will  faithfully  execute  the 
office  of  president  of  the  United  States,  and  will  to  the  best  of  my  ability 
preserve,  protect,  and  defend  the  constitution  of  the  United  States." 

SECTION  II 

1.  The  president  shall  be  commander  in  chief  of  the  army  and 
navy  of  the  United  States,  and  of  the  militia  of  the  several  states,  when 
called  into  the  actual  service  of  the  United  States;  he  may  require  the 
opinion,  in  writing,  of  the  principal  officer  in  each  of  the  executive  depart- 
ments, upon  any  subject  relating  to  the  duties  of  their  respective  offices, 
and  he  shall  have  power  to  grant  reprieves  and  pardons  for  offenses 
against  the  United  States,  except  in  cases  of  impeachment. 

2.  He  shall  have  power,  by  and  with  the  advice  and  consent  of  the 
senate,  to  make  treaties,  provided  two  thirds  of  the  senators  present 
concur;  and  he  shall  nominate,  and  by  and  with  the  advice  and  con- 
sent of  the  senate,  shall  appoint  ambassadors,  other  public  ministers 
and  consuls,  judges  of  the  supreme  court,  and  all  other  officers  of  the 
United  States,  whose  appointments  are  not  herein  otherwise  provided  for, 
and  which  shall  be  established  by  law;  but  the  congress  may  by  law 
vest  the  appointment  of  such  inferior  officers  as  they  think  proper,  in 
the  president  alone,  in  the  courts  of  law  or  in  the  heads  of  departments. 

3.  The  president  shall  have  power  to  fill  up  all  vacancies  that  may 
happen  during  the  recess  of  the  senate,  by  granting  commissions  which 
shall  expire  at  the  end  of  their  next  session. 

SECTION  III 

He  shall  from  time  to  time  give  to  the  congress  information  of 
the  state  of  the  Union,  and  recommend  to  their  consideration  such 
measures  as  he  shall  judge  necessary  and  expedient;  he  may,  on  extraor- 
dinary occasions,  convene  both  houses,  or  either  of  them,  and  in  case 
of  disagreement  between  them,  with  respect  to  the  time  of  adjournment, 
he  may  adjourn  them  to  such  time  as  he  shall  think  proper;  he  shall 


CONSTITUTION  OF  THE  UNITED  STATES         229 

receive  ambassadors  and  other  public  ministers;  he  shall  take  care  that 
the  laws  be  faithfully  executed,  and  shall  commission  all  the  officers  of 
the  United  States. 

SECTION  IV 

The  president,  vice  president,  and  all  civil  officers  of  the  United 
States,  shall  be  removed  from  office  on  impeachment  for,  and  conviction 
of,  treason,  bribery,  or  other  high  crimes  and  misdemeanors. 

ARTICLE  III 

SECTION  I 

The  judicial  power  of  the  United  States  shall  be  vested  in  one 
supreme  court,  and  in  such  inferior  courts  as  the  congress  may  from 
time  to  time  ordain  and  establish.  The  judges,  both  of  the  supreme  and 
inferior  courts,  shall  hold  their  offices  during  good  behavior,  and  shall, 
at  stated  times,  receive  for  their  services  a  compensation,  which  shall 
not  be  diminished  during  their  continuance  in  office. 

SECTION  II 

1.  The  judicial  power  shall  extend  to  all  cases,  in  law  and  equity, 
arising  under  this  constitution,  the  laws  of  the  United  States,  and  tnatii  s 
made,  or  which  shall  be  made,  under  their  authority;  to  all  cases  affect- 
ing ambassadors,  other  public  ministers  and  consuls;  to  all  cases  of 
admiralty  and  maritime  jurisdiction;  to  controversies  to  which   the 
United  States  shall  be  a  party;  to  controversies  between  two  or  more 
states;  between  a  state  and  citizens  of  another  state;  between  citizens 
of  different  states;  between  citizens  of  the  same  state  claiming  lands 
under  grants  of  different  states,  and  between  a  state,  or  the  citizens 
thereof,  and  foreign  states,  citizens  or  subjects. 

2.  In  all  cases  affecting  ambassadors,  other  public  ministers  and 
consuls,  and  those  in  which  a  state  shall  be  a  party,  the  supreme  court 
shall  have  original  jurisdiction.    In  all  the  other  cases  before  mentioned, 
the  supreme  court  shall  have  appellate  jurisdiction,  both  as  to  law  and 
fact,  with  such  exceptions  and  under  such  regulations  as  the  congress 
shall  make. 

3.  The  trial  of  all  crimes,  except  in  cases  of  impeachment,  shall  be 


230  THE  NATION 

by  jury;  and  such  trial  shall  be  held  in  the  state  where  the  said  crimes 
shall  have  been  committed;  but  when  not  committed  within  any  state, 
the  trial  shall  be  at  such  place  or  places  as  the  congress  may  by  law 
have  directed. 

SECTION  III 

1.  Treason  against  the  United  States  shall  consist  only  in  levying 
war  against  them,  or  in  adhering  to  their  enemies,  giving  them  aid  and 
comfort.     No  person  shall  be  convicted  of  treason  unless  on  the  testi- 
mony of  two  witnesses  to  the  same  overt  act,  or  on  confession  in  open 
court. 

2.  The  congress  shall  have  power  to  declare  the  punishment  of 
treason,  but  no  attainder  of  treason  shall  work  corruption  of  blood  or 
forfeiture  except  during  the  life  of  the  person  attainted. 

ARTICLE  IV 

SECTION  I 

Full  faith  and  credit  shall  be  given  in  each  state  to  the  public 
acts,  records,  and  judicial  proceedings  of  every  other  state.  And  the 
congress  may  by  general  laws  prescribe  the  manner  in  which  such  acts, 
records,  and  proceedings  shall  be  proved,  and  the  effect  thereof. 

SECTION  II 

1.  The  citizens  of  each  state  shall  be  entitled  to  all  privileges  and 
immunities  of  citizens  in  the  several  states. 

2.  A  person  charged  in  any  state  with  treason,  felony,  or  other 
crime,  who  shall  flee  from  justice,  and  be  found  in  another  state,  shall, 
on  demand  of  the  executive  authority  of  the  state  from  which  he  fled, 
be  delivered  up,  to  be  removed  to  the  state  having  jurisdiction  of  the 
crime. 

3.  No  person  held  to  service  or  labor  in  one  state,  under  the  laws 
thereof,  escaping  into  another,  shall,  in  consequence  of  any  law  or  regu- 
lation therein,  be  discharged  from  such  service  or  labor,  but  shall  be 
delivered  up  on  claim  of  the  party  to  whom  such  service  or  labor  may 
be  due. 

SECTION  III 

i.  New  states  may  be  admitted  by  the  congress  into  this  Union; 


CONSTITUTION  OF  THE  UNITED  STATES         231 

but  no  new  state  shall  be  formed  or  erected  within  the  jurisdiction  of 
any  other  state;  nor  any  state  be  formed  by  the  junction  of  two  or  more 
states  or  parts  of  states,  without  the  consent  of  the  legislatures  of  the 
states  concerned  as  well  as  of  the  congress. 

2.  The  congress  shall  have  power  to  dispose  of  and  make  all  need- 
ful rules  and  regulations  respecting  the  territory  or  other  property 
belonging  to  the  United  States;  and  nothing  in  this  constitution  shall 
be  so  construed  as  to  prejudice  any  claims  of  the  United  States  or  of 
any  particular  state. 

SECTION  rv 

The  United  States  shall  guarantee  to  every  state  in  this  Union  a 
republican  form  of  government,  and  >hall  protect  each  of  them  against 
invasion,  and  on  application  of  the  legislature,  or  of  the  executive  (when 
the  legislature  cannot  be  convened),  against  domestic  violence. 

ARTICLE  V 

The  congress,  whenever  two  thirds  of  both  houses  shall  deem  it 
necessary,  shall  propose  amendments  to  this  constitution,  or,  on  the 
application  of  the  legislatures  of  two  thirds  of  the  several  states,  shall 
call  a  convention  for  proposing  amendments,  which,  in  either  case,  shall 
be  valid  to  all  intents  and  purposes,  as  part  of  this  constitution,  when 
ratified  by  the  legislatures  of  three  fourths  of  the  several  states,  or  by 
conventions  in  three  fourths  thereof,  as  the  one  or  the  other  mode  of 
ratification  may  be  proposed  by  the  congress;  provided  that  no  amend- 
ment which  may  be  made  prior  to  the  year  one  thousand  eight  hundred 
and  eight  shall  in  any  manner  affect  the  first  and  fourth  clauses  in  the 
ninth  section  of  the  first  article;  and  that  no  state,  without  its  consent, 
shall  be  deprived  of  its  equal  suffrage  in  the  senate. 

ARTICLE  VI 

i  All  debts  contracted  and  engagements  entered  into,  before  the 
>ption  of  this  constitution,  shall  be  as  valid  against  the  United  States 
jr  this  constitution  as  under  the  confederation. 

a.  This  constitution,  and  the  laws  of  the  United  States  which  shall 
made  in  pursuance  thereof,  and  all  treaties  made,  or  which  shall  be 


232  THE  NATION 

made,  under  the  authority  of  the  United  States,  shall  be  the  supreme 
law  of  the  land;  and  the  judges  in  every  state  shall  be  bound  thereby, 
anything  in  the  constitution  or  laws  of  any  state  to  the  contrary  notwith- 
standing. 

3.  The  senators  and  representatives  before  mentioned,  and  the  mem- 
bers of  the  several  state  legislatures,  and  all  executive  and  judicial 
officers,  both  of  the  United  States  and  of  the  several  states,  shall  be 
bound  by  oath  or  affirmation  to  support  this  constitution;  but  no  reli- 
gious test  shall  ever  be  required  as  a  qualification  to  any  office  or  public 
trust  under  the  United  States. 

ARTICLE  VII 

The  ratification  of  the  conventions  of  nine  states  shall  be  suf- 
ficient for  the  establishment  of  this  constitution  between  the  states  so 
ratifying  the  same. 

Done  in  convention  by  the  unanimous  consent  of  the  states  present, 
the  seventeenth  day  of  September,  in  the  year  of  our  Lord  one 
thousand  seven  hundred  and  eighty-seven,  and  of  the  independ- 
ence of  the  United  States  of  America  the  twelfth.  In  witness 
whereof,  we  have  hereunto  subscribed  our  names. 

George  Washington,  President,  and  Deputy  from  VIRGINIA. 
NEW  HAMPSHIRE— John  Langdon,  Nicholas  Gilman. 
MASSACHUSETTS— Nathaniel  Gorham,  Rufus  King. 
CONNECTICUT — William  Samuel  Johnson,  Roger  Sherman. 
NEW  YORK— Alexander  Hamilton. 
NEW  JERSEY — William  Livingston,  David  Brearly,  William  Patterson, 

Jonathan  Dayton. 

PENNSYLVANIA — Benjamin  Franklin,  Thomas  MiflBin,  Robert  Morris, 
George  Clymer,  Thomas  Fitzsimons,  Jared  Ingersoll,  James  Wil- 
son, Gouverneur  Morris. 
DELAWARE — George  Read,  Gunning  Bedford,  Jr.,  John  Dickinson, 

Richard  Bassett,  Jacob  Broom. 
MARYLAND — James  McHenry,  Daniel  of  St.  Thomas  Jenifer,  Daniel 

Carroll. 

VIRGINIA— John  Blair,  James  Madison,  Jr. 

NORTH  CAROLINA— William  Blount,  Richard  Dobbs  Spaight,  Hugh 
Williamson. 


CONSTITUTION  OF  THE  UNITED  STATES         233 

SOUTH   CAROLINA — John    Rutledge,    Charles    Cotesworth    Pinckney, 

Charles  Pinckney,  Pierce  Butler. 
GEORGIA — William  Few,  Abraham  Baldwin. 

Attest:  William  Jackson,  Secretary. 


AMENDMENTS 

ARTICLE  I 

Congress  shall  make  no  law  respecting  an  establishment  of  re- 
ligion, or  prohibiting  the  free  exercise  thereof;  or  abridging  the  freedom 
of  s|>ecch  or  of  the  press;  or  the  right  of  the  people  peaceably  to  as- 
semble, and  to  petition  the  government  for  a  redress  of  grievances. 

ARTICLE  II 

A  well-regulated  militia  being  necessary  to  the  security  of  a  free 
state,  the  right  of  the  people  to  keep  and  bear  arms  shall  not  be  infringed. 

ARTICLE  III 

No  soldier  shall,  in  time  of  peace,  be  quartered  in  any  house  with- 
out the  consent  of  the  owner,  nor  in  time  of  war,  but  in  a  manner  to 
be  prescribed  by  law. 

ARTICLE  IV 

The  right  of  the  people  to  be  secure  in  their  persons,  houses,  papers, 
and  effects,  against  unreasonable  searches  and  seizures,  shall  not  be 
violated,  and  no  warrants  shall  issue  but  upon  probable  cause,  sup- 
ported by  oath  or  affirmation,  and  particularly  describing  the  place  to 
be  searched,  and  the  persons  or  things  to  be  seized. 


11 ' 

!T 

whci 

(! 


ARTICLE  V 

No  person  shall  be  held  to  answer  for  a  capital  or  otherwise  in- 
ous  crime,  unless  on  a  presentment  or  indictment  of  a  grand  jury, 
pt  in  cases  arising  in  the  land  or  naval  forces,  or  in  the  militia, 
en  in  actual  service  in  time  of  war  or  public  danger;  nor  shall  any 
rson  be  subject  for  the  same  offense  to  be  twice  put  in  jeopardy  of 


234  THE  NATION 

life  or  limb;  nor  shall  be  compelled  in  any  criminal  case  to  be  a  witness 
against  himself,  nor  be  deprived  of  life,  liberty,  or  property,  without  due 
process  of  law;  nor  shall  private  property  be  taken  for  public  use  with- 
out just  compensation. 

ARTICLE  VI , 

In  all  criminal  prosecutions  the  accused  shall  enjoy  the  right  to 
a  speedy  and  public  trial,  by  an  impartial  jury  of  the  state  and  district 
wherein  the  crime  shall  have  been  committed,  which  district  shall  have 
been  previously  ascertained  by  law,  and  to  be  informed  of  the  nature  and 
cause  of  the  accusation;  to  be  confronted  with  the  witnesses  against 
him;  to  have  compulsory  process  for  obtaining  witnesses  in  his  favor,  and 
to  have  the  assistance  of  counsel  for  his  defense. 

ARTICLE  VII 

In  suits  at  common  law,  where  the  value  in  controversy  shall  ex- 
ceed twenty  dollars,  the  right  of  trial  by  jury  shall  be  preserved,  and  no 
fact  tried  by  a  jury  shall  be  otherwise  re-examined  in  any  court  of  the 
United  States,  than  according  to  the  rules  of  the  common  law. 

ARTICLE  VIII 

Excessive  bail  shall  not  be  required,  nor  excessive  fines  imposed,  nor 
cruel  and  unusual  punishments  inflicted. 

ARTICLE  IX 

The  enumeration  in  the  constitution  of  certain  rights  shall  not  be 
construed  to  deny  or  disparage  others  retained  by  the  people. 

ARTICLE  X 

The  powers  not  delegated  to  the  United  States  by  the  constitution, 
nor  prohibited  by  it  to  the  states,  are  reserved  to  the  states  respec- 
tively or  to  the  people. 

ARTICLE  XI 

The  judicial  power  of  the  United  States  shall  not  be  construed  to 


CONSTITUTION  OF  THE  UNITED  STATES         235 

extend  to  any  suit  in  law  or  equity,  commenced  or  prosecuted  against 
one  of  the  United  States  by  citizens  of  another  state,  or  by  citizens  or 
subjects  of  any  foreign  state. 

ARTICLE  XII 

The  electors  shall  meet  in  their  respective  states  and  vote  by  bal- 
lot for  president  and  vice  president,  one  of  whom,  at  least,  shall  not  be 
an  inhabitant  of  the  same  state  with  themselves;  they  shall  name  in  their 
ballots  the  person  voted  for  as  president,  and  in  distinct  ballots  the  per- 
son voted  for  as  vice  president  and  they  shall  make  distinct  lists  of  all 
persons  voted  for  as  president,  and  of  all  persons  voted  for  as  vice 
prrsident,  and  of  the  number  of  votes  for  each;  which  lists  they  shall 
sign  and  certify,  and  transmit  sealed  to  the  seat  of  the  government  of 
the  United  States,  directed  to  the  president  of  the  senate.  The  presi- 
dent of  the  senate  shall,  in  the  presence  of  the  senate  and  house  of 
representatives,  open  all  the  certificates  and  the  votes  shall  then  be 
counted.  The  person  having  the  greatest  number  of  votes  for  presi- 
dent, shall  be  the  president,  if  such  number  be  a  majority  of  the 
whole  number  of  electors  appointed;  and  if  no  person  have  such  ma- 
jority, then  from  the  persons  having  the  highest  numbers  not  exceed- 
ing three  on  the  list  of  those  voted  for  as  president,  the  house  of  rep- 
resmtativi-s  shall  choose  immediately,  by  ballot,  the  president.  But  in 
choosing  the  president,  the  votes  shall  be  taken  by  states,  the  represen- 
tation from  each  state  having  one  vote;  a  quorum  for  this  purpose  shall 
consist  of  a  member  or  members  from  two  thirds  of  the  states,  and  a 
majority  of  all  the  states  shall  be  necessary  to  a  choice.  And  if  the 
house  of  representatives  shall  not  choose  a  president  whenever  the  right 
of  choice  shall  devolve  upon  them,  before  the  fourth  day  of  March  next 
following,  then  the  vice  president  shall  act  as  president,  as  in  the  case 
of  the  death  or  other  constitutional  disability  of  the  president. 

The  person  having  the  greatest  number  of  votes  as  vice  president, 
shall  be  the  vice  president,  if  such  number  be  a  majority  of  the  whole 
number  of  electors  appointed,  and  if  no  person  have  a  majority,  then 
from  the  two  highest  numbers  on  the  list  the  senate  shall  choose  the 
vice  president;  a  quorum  for  the  purpose  shall  consist  of  two  thirds  of 
the  whole  number  of  senators,  and  a  majority  of  the  whole  number  shall 
be  necessary  to  a  choice.  Put  no  person  constitutionally  ineligible  to 


236  THE  NATION 

the  office  of  president  shall  be  eligible  to  that  of  vice  president  of  the 
United  States. 

ARTICLE  XIII 

SECTION  i.  Neither  slavery  nor  involuntary  servitude,  except  as  a 
punishment  for  crime  whereof  the  party  shall  have  been  duly  convicted, 
shall  exist  within  the  United  States,  or  any  place  subject  to  their  juris- 
diction. 

SEC.  2.  Congress  shall  have  power  to  enforce  this  article  by  appro- 
priate legislation. 

ARTICLE  XIV 

SECTION  i.  All  persons  born  or  naturalized  in  the  United  States  and 
subject  to  the  jurisdiction  thereof,  are  citizens  of  the  United  States  and 
of  the  state  wherein  they  reside.  No  state  shall  make  or  enforce  any 
law  which  shall  abridge  the  privileges  or  immunities  of  citizens  of  the 
United  States;  nor  shall  any  state  deprive  any  person  of  life,  liberty,  or 
property,  without  due  process  of  law;  nor  deny  to  any  person  within  its 
jurisdiction  the  equal  protection  of  the  laws. 

SEC.  2.  Representatives  shall  be  apportioned  among  the  several 
states  according  to  their  respective  numbers,  counting  the  whole  num- 
ber of  persons  in  each  state,  excluding  Indians  not  taxed.  But  when 
the  right  to  vote  at  any  election  for  the  choice  of  electors  for  president 
and  vice  president  of  the  United  States,  representatives  in  congress,  the 
executive  and  judicial  officers  of  a  state,  or  the  members  of  the  legisla- 
ture thereof,  is  denied  to  any  of  the  male  inhabitants  of  such  state,  being 
twenty -one  years  of  age,  and  citizens  of  the  United  States,  or  in  any  way 
abridged,  except  for  participation  in  rebellion,  or  other  crime,  the  basis 
of  representation  therein  shall  be  reduced  in  the  proportion  which  the 
number  of  such  male  citizens  shall  bear  to  the  whole  number  of  male 
citizens  twenty-one  years  of  age  in  such  state. 

SEC.  3.  No  person  shall  be  a  senator  or  representative  in  congress, 
or  elector  of  president  and  vice  president,  or  hold  any  office,  civil 
or  military,  under  the  United  States,  or  under  any  state,  who,  having 
previously  taken  an  oath,  as  a  member  of  congress,  or  as  an  officer  of 
the  United  States,  or  as  a  member  of  any  state  legislature,  or  as  an  exec- 
utive or  judicial  officer  of  any  state,  to  support  the  constitution  of  the 
United  States,  shall  have  engaged  in  insurrection  or  rebellion  against 


CONSTITUTION  OF  THE  UNITED  STATES         237 

the  same,  or  given  aid  or  comfort  to  the  enemies  thereof.  But  congress 
may,  by  a  vote  of  two  thirds  of  each  house,  remove  such  disability. 

SEC.  4.  The  validity  of  the  public  debt  of  the  United  States, 
authorized  by  law,  including  debts  incurred  for  payment  of  pensions 
and  bounties  for  services  in  suppressing  insurrection  or  rebellion,  shall 
not  be  questioned.  But  neither  the  United  States  nor  any  state  shall 
assume  or  pay  any  debt  or  obligation  incurred  in  aid  of  insurrection  or 
rebellion  against  the  United  States,  or  any  claim  for  the  loss  or  emanci- 
pation of  any  slave;  but  all  such  debts,  obligations,  and  claims  shall  be 
held  illegal  and  void. 

SEC.  5.  The  Congress  shall  have  power  to  enforce,  by  appropriate 
Inflation,  the  provisions  of  this  artii  l< . 

ARTICLE  XV 

SECTION  i.  The  right  of  citizens  of  the  United  States  to  vote  shall 
not  IK  dmied  or  abridged  by  the  United  States  or  by  any  state  on 
account  of  race,  color,  or  previous  condition  of  servitude. 

2.  Tin-  congress  shall  have  power  to  enforce  this  article  by 
appropriate  legislation. 


CHAPTER  VI 
PREAMBLE 

We,  the  people  of  the  United  States,  in  order  to  form  a  more 
perfect  union,  establish  justice,  insure  domestic  tranquillity,  pro- 
vide for  the  common  defense,  promote  the  general  welfare,  and 
secure  the  blessings  of  liberty  to  ourselves  and  our  posterity,  do 
ordain  and  establish  this  constitution  for  the  United  States  of 
America. 

Purposes. — The  preamble  of  the  constitution  is  the  key- 
note of  popular  government.  It  contains,  in  few  words,  a 
summary  of  the  reasons  for  the  formation  of  our  government, 
and  in  it  there  is  a  clear,  definite  statement  of  the  needs  of 
the  nation  at  the  time  of  its  adoption,  as  well  as  ample  provi- 
sion for  future  ages. 

A  More  Perfect  Union. — The  greatest  need  of  the  hour 
was  that  a  more  perfect  union  of  the  states  might  be  formed. 
"We  are  one  to-day  and  thirteen  to-morrow"  was  a  common 
assertion,  and  all  thoughtful  men  realized  the  truth  of  the 
statement.  Under  the  articles  of  confederation,  the  weakness 
of  the  government  was  due  almost  entirely  to  the  lack  of 
union  among  the  states.  It  is  no  wonder,  therefore,  that  the 
first  reason  given  in  the  preamble  is,  "  In  order  to  form  a  more 
perfect  union." 

Justice. — To  establish  justice  among  the  states  was  also 
an  urgent  necessity.  Petty  jealousies  had  arisen  among  them, 
and  each  seemed  to  fear  that  its  rights  were  abridged  by  the 

238 


PREAMBLE  239 

others.  Under  the  articles  of  confederation,  there  was  no 
judicial  branch  of  the  government,  and,  therefore,  no  legal 
way  of  settling  these  disputes  among  the  states.  The  condi- 
tion of  the  old  government  was  truly  deplorable,  and  the  mem- 
bers of  the  constitutional  convention  were  a  unit  in  deciding 
that  one  of  the  chief  objects  in  the  formation  of  the  new  gov- 
ernment was  that  justice  might  be  established. 

Domestic  Tranquillity. — During  the  years  that  the  articles 
of  confederation  formed  the  basis  of  the  government,  the 
states  were  in  constant  trouble  with  their  neighbors.  Each 
state  had  as  much  to  fear  from  dangers  within  its  own  borders 
as  it  had  from  outside  foes.  The  necessity  for  "domestic 
tranquillity"  was  very  urgent,  and,  as  nearly  all  the  trouble 
among  the  states  had  arisen  from  their  trade  relations,  con- 
gress, by  the  new  plan,  was  very  wisely  given  the  power  to 
regulate  commerce.  In  order  that  peace  may  be  assured  to 
the  states,  the  general  government  has  the  power  to  put  down 
insurrection  in  any  of  the  states. 

Common  Defense. — The  people  had  learned,  from  the 
war  through  which  they  had  passed,  that  their  success  in 
time  of  public  danger  depended  upon  their  united  action. 
The  United  States  could  do  more  to  provide  for  the  common 
defense  than  could  possibly  be  accomplished  by  the  states 
themselves,  each  acting  separately.  Since  the  adoption  of  the 
constitution,  no  state  has  ever  been  engaged  in  war  with  any 
other  state  or  with  any  foreign  power.  Under  the  confedera- 
tion, each  state  was  a  sovereign  power  in  itself,  and  it  might 
declare  war,  conclude  peace,  or  make  alliances  with  foreign 
powers,  regardless  of  the  action  of  any  other  state.  It  will 
readily  be  seen  that  the  surrender  of  such  powers  to  the  gen- 

Ki\  government  was  a  wise  provision. 
General  Welfare. — To  promote  the  general  welfare  of  all 


240  THE  NATION 

the  states  and  of  all  the  people  is  an  important  function  of 
popular  government.  This  work  is  carried  on  in  many  ways, 
and  it  is  no  idle  boast  to  assert  that  no  other  government  has 
ever  done  so  much  to  benefit  all  classes  of  society  as  has  our 
own.  The  large  grants  of  land  given  by  congress  to  foster 
education,  especially  in  recent  years,  the  improvement  of 
rivers  and  harbors,  our  excellent  postal  service,  and  the  im- 
proved civil  service  are  but  a  few  of  the  many  ways  in  which 
the  general  welfare  of  the  people  is  promoted. 

Perpetuity. — The  last  clause  of  the  preamble  is  a  fitting 
climax.  The  members  of  the  constitutional  convention  real- 
ized the  importance  of  the  work  they  had  undertaken,  and 
it  was  their  deliberate  purpose  to  found  a  government  for 
posterity.  How  well  their  work  was  done  has  been  attested 
by  the  existence  of  the  government  for  more  than  a  century. 

Quotation. — "The  great  merit  of  the  members  of  the  con- 
vention is  their  understanding  of  the  temper  of  their  own 
countrymen.  They  selected  out  of  English,  or  colonial,  or 
state  usages  such  practices  and  forms  as  experience  had 
shown  to  be  acceptable  to  the  people.  The  convention  also 
had  the  wisdom  to  express  its  work  in  general,  though  care- 
fully stated,  principles.  The  phrases  of  the  constitution  of 
1787  were  broad  enough  to  cover  cases  unforeseen.  A  third 
distinction  of  the  federal  convention  is  the  skill  with  which 
it  framed  acceptable  compromises  upon  the  three  most  diffi- 
cult questions  before  it.  The  two  houses  of  congress  satisfied 
both  large  and  small  states;  the  three-fifths  representation  of 
slaves  postponed  an  inevitable  conflict;  the  allowance  of  the 
slave  trade  for  a  term  of  years  made  it  possible  for  congress 
to  perfect  commercial  legislation." — Prof.  A.  B.  Hart. 


CHAPTER  VII 
ARTICLE  I.    THE  LEGISLATIVE  BRANCH 

PART  I 
SECTION  I.    CONGRESS 

All  legislative  powers  herein  granted  shall  be  vested  in  a 
congress  of  the  United  Stales,  which  shall  consist  of  a  senate 
and  house  of  representatives. 

Branches  of  Government. — The  plan  for  the  formation 
of  a  general  government  with  three  branches,  which  should 
be  as  nearly  independent  of  one  another  as  possible,  was  ad- 
vocated by  Washington  as  early  as  1784.  The  three  branches 
of  government  provided  for  by  the  constitution  are  the  k-^is 
kitive,  or  law-making  branch;  the  executive,  or  law-enforcing 
branch;  and  the  judicial,  or  law-interpreting  branch.  Each 
of  these  branches  exercises  its  powers  in  accordance  with  the 
provisions  of  the  constitution,  or  as  provided  by  acts  of  con- 
gress which  are  based  upon  the  constitution. 

Legislative  Branch. — The  legislative  branch  is  properly 
placed  first  in  the  constitution,  because  laws  must  be  made 
before  they  can  be  interpreted  or  enforced.  The  logical  order 
of  government  seems  to  be  legislation,  interpretation,  en- 

fement,  but  as  comparatively  few  acts  of  congress  are 
passed  upon  by  the  supreme  court,  the  order,  in  prac- 
is  legislation,  enforcement,  interpretation.    The  legisla- 
branch  is  given  more  space  in  the  constitution  than  both 
- 


242  THE  NATION 

of  the  other  branches,  on  account  of  its  importance,  and  also 
because  of  a  desire  on  the  part  of  the  members  of  the  conven- 
tion to  be  very  explicit  in  outlining  the  work  of  this  branch. 

Difficulties  of  Organization. — Under  the  confederation, 
congress  consisted  of  but  one  house,  and  there  was  a  strong 
effort  to  organize  the  new  congress  in  the  same  way.  It  was 
decided  early  in  the  convention  that  membership  in  congress 
should,  in  a  measure  at  least,  be  determined  by  the  popula- 
tion of  the  several  states.  To  this  the  smaller  states  objected, 
because  they  saw  that  this  plan  would  reduce  their  influence 
in  the  government.  They  preferred  to  remain  out  of  the 
Union,  as  they  had  a  perfect  right  to  do,  rather  than  become 
part  of  a  government  which  would  be  controlled  practically 
by  a  few  of  the  larger  states. 

Compromise. — Parliament,  the  legislative  branch  of  the 
English  government,  and  various  state  legislatures  were 
patterned  after,  in  deciding  to  make  congress  consist  of  two 
houses.  To  compromise  the  conflicting  views,  the  small 
states  agreed  to  representation  in  the  lower  house  based  upon 
population,  and  the  large  states  conceded  to  the  small  ones 
equal  membership  in  the  senate,  or  upper  house,  for  all  the 
states.  The  spirit  of  compromise  alone  made  our  constitu- 
tion possible. 

SECTION  II.    HOUSE  OF  REPRESENTATIVES 
Clause  I — Composition  and  Term 

The  house  of  representatives  shall  be  composed  of  members 
chosen  every  second  year  by  the  people  of  the  several  states,  and 
the  electors  in  each  state  shall  have  the  qualifications  requisite 
for  electors  of  the  most  numerous  branch  of  the  state  legislature. 


THE  LEGISLATIVE  BRANCH  243 

Term  of  Representatives.— The  term  of  representatives 
is  two  years,  and  begins  on  March  4  of  odd-numbered  years. 
By  the  provisions  of  the  constitution,  that  document  was  to 
be  binding  upon  the  states  ratifying  it,  as  soon  as  the  assent 
of  nine  had  been  obtained.  This  was  accomplished  in  1788, 
and  the  congress  of  the  confederation  decided  that  on  the 


Hall  of  the  House  of  Representatives 

first  Wednesday  in  March,  1789,  the  new  congress  should  be- 
gin its  work.  The  date  fixed  happened  to  be  the  fourth  day 
of  March,  and  thus  that  date  became  an  initial  day  in  our  his- 
tory. The  first  congress,  however,  as  a  matter  of  fact,  did  no 
work  until  April  6,  because  of  the  slow  means  of  communica- 
tion in  those  days,  and  because  there  was  not  a  sufficiently 
large  number  of  the  members  of  the  new  congress  in  New 
York,  the  seat  of  government,  until  the  latter  date. 

Washington — 16 


244  THE  NATION 

Election  of  Members. — The  election  of  members  of  the 
house  of  representatives  now  occurs  on  the  Tuesday  next 
after  the  first  Monday  in  November  of  each  even-numbered 
year,  except  in  those  states  whose  constitutions  fix  a  dif- 
ferent date.  Prior  to  1872,  each  state  fixed  the  time  of  the 
election  of  representatives  without  regard  to  the  action  of 
other  states,  but  in  that  year  congress  passed  a  law  making 
the  time  of  the  election  of  these  officers  the  same  in  all  the 
states,  except  in  those  referred  to  above.  In  Vermont,  the 
election  occurs  on  the  first  Tuesday  in  September;  and  in 
Maine,  the  second  Monday  in  September. 

Length  of  Service. — Under  the  confederation,  the  repre- 
sentative term  was  one  year,  and  no  person  was  eligible  to  a 
seat  in  congress  for  more  than  three  years  in  any  period  of  six 
years.  The  state  might  also  recall  any  or  all  of  its  members 
of  congress  at  any  time  during  the  year  for  which  they  had 
been  chosen.  There  is  now  no  restriction  placed  upon  the 
number  of  terms  that  a  representative  may  serve.  Some 
members  of  congress  have  served  in  the  house  of  representa- 
tives for  more  than  twenty  years,  and,  as  might  be  expected, 
their  continued  service  has  made  them  among  the  most  valu- 
able members  of  that  body. 

The  "  People." — The  house  of  representatives  is  so  called 
because  its  members  are  chosen  to  represent  the  people.  The 
term  " people"  as  here  used  means  the  qualified  voters.  Each 
state  decides  for  itself  who  may  vote  at  the  elections  held 
within  its  borders.  By  a  strange  oversight,  or  because  the 
convention  chose  not  to  deal  with  the  subject,  the  national 
constitution  does  not  even  restrict  the  right  of  suffrage  to  citi- 
zens of  the  United  States.  The  only  qualification  required  of 
voters  for  representatives  in  congress  is  that  they  shall  have 
the  qualifications  that  the  state  constitution  requires  for 


THE  LEGISLATIVE  BRANCH  245 

electors  of  the  more  numerous  branch  of  the  state  legislature. 
For  a  discussion  of  these  qualifications,  see  pages  166-168. 

Clause  2 — Qualifications 

No  person  shall  be  a  representative  who  shall  not  have  at- 
tained the  age  of  twenty-five  years,  and  been  seven  years  a  citi- 
zen of  the  United  States,  and  who  shall  not,  when  elected,  be  an 
inhabitant  of  that  state  in  which  lie  shall  be  chosen. 

Citizenship. — The  question  of  citizenship  was  for  many 
years  a  troublesome  one  in  this  country,  and  it  was  not  defi- 
nitely settled  until  the  adoption  of  the  fourteenth  amendment 
to  the  constitution  of  the  United  States.  It  seems  strange  to 
us  that  so  little  attention  was  paid  to  the  two  very  important 
matters — citizenship  and  suffrage — by  the  constitutional  con- 
vention. 

Age. — By  the  clause  of  the  constitution  quoted  above, 
it  will  be  seen  that  the  earliest  age  at  which  a  native-born  citi- 
zen of  the  United  States  may  become  a  member  of  the  lower 
house  of  congress  is  twenty-five  years,  and  as  this  is  only  four 
years  after  the  person  has  acquired  the  right  to  vote,  the 
minimum  age  is  generally  considered  low  enough. 

Aliens. — An  alien  must  reside  in  this  country  five  years  be- 
fore he  can  be  naturalized  by  the  usual  process.  This  period, 
together  with  the  seven  years'  residence  required  by  the  con- 
stitution, makes  it  necessary  for  an  alien  to  have  resided  in 
the  United  States  for  at  least  twelve  years  before  he  can  be- 
come a  member  of  the  house  of  representatives  in  congress. 

Residence. — It  is  required  that  members  of  congress  shall, 
at  the  time  of  their  election  at  least,  be  inhabitants  of  the  state 
from  which  they  are  chosen.  For  convenience,  as  well  as  for 
the  purpose  of  carrying  out  the  plan  of  close  representation, 
each  state  that  is  entitled  to  more  than  one  representative 


246  THE  NATION 

is  divided  into  congressional  districts,  and  each  district 
chooses  its  own  representative.  As  the  constitution  does  not 
provide  for  the  formation  of  congressional  districts,  it  is  not 
necessary  for  a  representative  to  be  an  inhabitant  of  the  dis- 
trict he  is  chosen  to  represent,  although  it  would  be  very  hard, 
according  to  our  present  political  methods,  for  a  person  re- 
siding in  one  congressional  district  to  be  chosen  to  represent 
some  other  district. 

Congressional  Districts. — In  1842,  congress  passed  a  law 
which  provided  for  the  division  of  such  states  as  were  en- 
titled to  more  than  one  representative,  into  congressional  dis- 
tricts, in  number  equal  to  the  number  of  representatives  to  be 
chosen.  This  law  met  with  much  opposition  at  first,  but  it 
has  long  been  considered  the  most  satisfactory  plan  for  the 
selection  of  representatives.  The  division  of  a  state  into  con- 
gressional districts  is  made  by  the  legislature  thereof,  at  its 
first  meeting  after  the  apportionment  of  members  is  made  by 
congress.  This  apportionment  is  made  as  soon  as  possible 
after  the  taking  of  the  federal  census  in  the  last  year  of  each 
regular  decade.  A  change  in  the  membership  of  the  house  of 
representatives  usually  occurs  on  the  fourth  day  of  March  of 
the  third  year  following  the  counting  of  the  people. 

Congressman  at  Large. — It  sometimes  happens  that  it  is 
not  practicable  to  change  the  boundaries  of  congressional 
districts  in  some  of  the  states  in  time  for  the  election  of  repre- 
sentatives following  the  new  apportionment  of  members.  In 
that  case,  the  additional  member  is  chosen  from  the  state  at 
large.  By  this  plan,  the  voters  in  each  congressional  district 
vote  for  the  member  to  represent  them,  and  they  also  help 
elect  the  one  from  the  state  at  large,  as  all  the  qualified  voters 
of  the  state  have  a  right  to  vote  for  the  member  at  large.  If 
the  number  of  members  to  which  a  state  has  been  entitled 


THE  LEGISLATIVE  BRANCH  247 

is  reduced,  the  law  provides  that  all  the  members  from  that 
state  shall  be  elected  from  the  state  at  large,  in  case  an  elec- 
tion becomes  necessary  before  a  change  in  the  number  of 
districts  can  be  made  by  the  legislature. 

"  Gerrymander." — It  sometimes  happens  that  the  political 
party  in  power  in  a  state  will  arrange  the  congressional  dis- 
tricts unfairly,  so  as  to  secure  for  that  party  the  election  of 
as  many  representatives  as  possible.  The  same  unfairness  is 
often  shown  in  dividing  a  state  into  state  senatorial  and  repre- 
sentative districts.  The  first  notable  case  of  the  kind  oc- 
curred in  icSi  i,  while  Elbridge  Gerry  was  governor  of  Massa- 
chusetts. One  district  then  formed  by  the  party  in  power  in 
that  state  was  long  and  narrow,  and  some  one  likened  it  to 
a  salamander  in  shape.  It  was  very  easy  to  change  salaman- 
der to  "gerrymander,"  and  thus  this  name  for  a  form  of  polit- 
ical trickery  came  into  use. 

Delegates. — Each  organized  territory  is  permitted  to 
choose  a  delegate  to  the  house  of  representatives  in  congress. 
A  territorial  delegate  may  take  part  in  discussions  in  the 
house,  but  he  is  not  permitted  to  vote  on  any  question.  The 
term,  salary,  etc.,  is  the  same  as  for  members  of  the  house, 
except  that  the  office  expires  by  limitation  upon  the  admission 
of  the  territory  into  the  Union  as  a  state. 

PART  II 

Clause  J? — Apportionment 
[Obsolete  parts  of  this  clause  are  inclosed  in  parentheses.] 

Representatives  and  direct  taxes  shall  be  apportioned  among 
the  several  states  which  may  be  included  within  this  Union,  ac- 
cording to  their  respective  numbers,  (which  shall  be  determined 

adding  to  the  whole  number  of  free  persons,  including  those 


248  THE  NATION 

bound  to  service  for  a  term  of  years,  and)  excluding  Indians  not 
taxed,  (three  fifths  of  alt  other  persons).  The  actual  enumera- 
tion shall  be  made  within  three  years  after  the  first  meeting  of 
the  congress  of  the  United  States,  and  within  every  subsequent 
term  of  ten  years,  in  such  manner  as  they  shall  by  law  direct. 
The  number  of  representatives  shall  not  exceed  one  for  every 
thirty  thousand,  but  each  state  shall  have  at  least  one  representa- 
tive, (and  until  such  enumeration  shall  be  made,  the  state  of 
New  Hampshire  shall  be  entitled  to  choose  three,  Massa- 
chusetts eight,  Rhode  Island  and  Providence  Plantations  one, 
Connecticut  five,  New  York  six,  New  Jersey  four,  Pennsyl- 
vania eight,  Delaware  one,  Maryland  six,  Virginia  ten,  North 
Carolina  five,  South  Carolina  five,  and  Georgia  three). 

Representatives. — One  of  the  most  difficult  things  for  the 
members  of  the  constitutional  convention  to  agree  upon  was 
the  basis  of  representation  in  both  houses  of  congress.  After 
much  discussion,  it  was  decided  to  apportion  representatives 
and  direct  taxes  among  the  states  according  to  population. 

Population. — In  the  constitutional  convention,  a  spirited 
discussion  arose  as  to  what  should  constitute  the  population 
of  the  country  for  purposes  of  representation  and  taxation. 
It  did  not  take  long  to  decide  upon  the  first  provision  of  this 
section  relating  to  this  matter,  viz. :  "  By  adding  to  the  whole 
number  of  free  persons,  including  those  bound  to  service  for  a 
term  of  years  and  excluding  Indians  not  taxed,"  but  the 
" three  fifths  of  all  other  persons"  was  a  compromise  reached 
after  a  long  dispute  that  threatened  to  disrupt  the  convention 
and  prevent  the  formation  of  a  union  of  the  states  altogether. 

Slavery. — At  the  time  of  the  adoption  of  the  constitution, 
slavery  existed  in  nearly  all  the  states.  There  were  several 
members  of  the  convention  who  were  bitterly  opposed  to 
slavery,  and  they  wished  to  have  nothing  done  by  the  con- 


THE  LEGISLATIVE  BRANCH  249 

vention  to  encourage  it.  The  status  of  the  slave  was  hard  to 
settle.  If  he  was  simply  a  chattel — mere  property,  like 
houses,  land,  or  cattle — he  should  not  be  counted  among  the 
people  any  more  than  such  property.  If  he  was  to  be  con- 
sidered "of  the  people,"  then  slavery  must  be  recognized  as 
a  traffic  in  human  beings.  By  the  ordinance  passed  by  con- 
gress, in  1787,  for  the  organization  of  the  territory  northwest 
of  the  Ohio,  slavery  was  absolutely  prohibited  in  that  terri- 
tory. The  constitutional  convention  was  fully  aware  of  the 
gigantic  evil  that  slavery  was,  even  then,  but  it  was  unable 
to  provide  means  to  remove  the  evil,  without  endangering 
all  the  rest  of  its  work. 

Compromise. — As  a  compromise,  it  was  decided  that 
neither  slaves  nor  slavery  should  be  mentioned  in  the  con- 
stitution, and  the  evasive  language,  "  three-fifths  of  all  other 
persons,"  which  had  been  used  in  an  act  of  congress,  in  1783, 
to  describe  the  slaves,  was  adopted  to  determine  the  political 
standing  of  this  class  of  persons  in  fixing  the  basis  of  repre- 
sentation. This  compromise  greatly  increased  the  political 
power  of  the  slave  states.  A  hundred  slaves  counted  the  same 
as  sixty  free  persons,  and,  as  there  were  many  slaves  in  the 
southern  states,  a  considerably  greater  number  of  representa- 
tives was  apportioned  to  those  states  than  they  would  have 
had  if  slaves  had  not  been  counted  at  all  in  the  population. 
The  slaves  had  no  vote,  of  course;  but  the  great  slave  owners 
were  very  influential  in  state  and  national  politics. 

First  Ratio  of  Representation. — No  formal  counting  of 
the  people  of  the  United  States  had  been  made  at  the  time  the 
constitutional  convention  was  in  session,  and  on  that  account 
the  assignment  of  members  of  the  first  congress  to  the  dif- 
ferent states  was  purely  arbitrary.  The  convention  had 
agreed  that  the  basis,  or  ratio,  of  representation  should  be 


250  THE  NATION 

one  representative  for  every  forty  thousand  people,  after  the 
taking  of  the  first  census.  This  number  was  agreed  upon, 
after  much  prolonged  discussion  and  angry  debate.  A  short 
time  before  the  work  of  the  convention  was  completed,  Wash- 
ington, in  the  only  formal  address  he  made  to  the  convention, 
said  that  in  his  opinion  the  number  was  too  large,  and  it 
would  please  him  to  see  the  limit  reduced  to  thirty  thousand. 
The  change  was  made  at  once,  and  without  opposition. 

Number  of  Members. — The  constitution  does  not  limit 
the  membership  of  the  house  of  representatives,  except  by 
the  provision  mentioned  above.  At  first,  there  were  sixty-five 
members,  on  the  estimated  basis  of  one  representative  for 
every  thirty  thousand  inhabitants  of  the  country.  So  rapid 
has  been  the  growth  of  the  United  States  in  population,  how- 
ever, that  there  are  now  more  than  six  times  as  many  repre- 
sentatives as  there  were  in  the  first  congress,  and  besides  this, 
the  ratio  of  representation  is  more  than  six  times  as  great  as  at 
first.  If  congress  should  now  fix  the  ratio  at  one  representa- 
tive for  each  thirty  thousand,  the  house  would  have  more 
than  two  thousand  five  hundred  members! 

Apportionment. — The  first  census  of  the  people  of  the 
United  States  was  taken  in  1790,  and  one  has  been  taken  in 
the  last  year  of  each  regular  decade  since  that  time.  After 
the  census  has  been  taken,  congress  decides  upon  the  number 
of  members  of  congress  for  the  next  ten  years.  The  change  in 
number  does  not  occur  till  the  organization  of  the  congress 
in  the  third  year  after  the  enumeration  takes  place.  Thus 
the  change  in  the  membership  of  the  house  of  representatives, 
on  account  of  the  census  of  1910,  fixing  the  number  at  four 
hundred  thirty-three,  will  take  effect  March  4,  1913.  The 
actual  method  of  calculating  the  number  of  members  to  be 
apportioned  to  each  state  is  rather  intricate.  We  may  say, 


THE  LEGISLATIVE  BRANCH  251 

however,  that  the  ratio  of  representation  is  found  by  divid- 
ing the  number  representing  the  population  of  the  states, 
exclusive  of  the  territories  and  the  District  of  Columbia,  and 
exclusive  of  Indians  not  taxed,  by  the  number  representing 
the  membership  of  the  house  of  representatives.  The  ratio 
used  in  framing  the  act  of  1911  was  one  representative  for 
two  hundred  and  eleven  thousand,  eight  hundred  seventy- 
seven  inhabitants  of  the  United  States. 

Each  State  Represented. — It  is  also  provided  that  each 
state  shall  have  at  least  one  representative.  Thus  Nevada, 
with  less  than  ninety  thousand  inhabitants,  has  one  repre- 
sentative. Should  new  states  be  admitted  before  the  next 
census  is  taken,  the  number  of  representatives  is  increased 
accordingly.  The  admission  of  Oklahoma  as  a  state,  in 
1907,  added  five  representatives  to  the  number  fixed  by 
congress  as  the  membership  of  the  house  of  representatives, 
beginning  March  4,  1903. 

Objects  of  Census. — The  primary  object  of  the  census  is 
to  show  the  number  of  people  in  the  United  States,  but,  in 
addition  to  this,  very  many  important  facts  concerning  the 
nationality,  education,  occupations,  and  general  prosperity  of 
the  people  are  obtained  by  the  census  enumerators.  A  few  of 
the  states  have  a  special  census  taken  every  ten  years,  but 
so  arranged  that  it  occurs  five  years  after  the  United  States 
census  has  been  taken. 

Enumerations. — The  population  of  the  United  States,  as 
shown  by  the  different  enumerations  under  federal  authority, 
is  as  follows: 

First  census,  1790 3,929,214 

I  Second  census,  1800 5,308,483 
Third  census,  1810  7,239,881 
Fourth  census,  1820 9,633,822 


252  THE  NATION 

Fifth  census,  1830 12,866,020 

Sixth  census,  1840 17,069,453 

Seventh  census,  1850 23,191,876 

Eighth  census,  1860 31,443,321 

Ninth  census,  1870       38,558,371 

Tenth  census,  1880 50,1 55,783 

Eleventh  census,  1890 62,622,250 

Twelfth  census,  1900 76,303,387 

Thirteenth  census,  1910 91,972,266 

PART  III 

Clause  4 — Vacancies 

When  vacancies  happen  in  the  representation  from  any  state, 
the  executive  authority  thereof  shall  issue  writs  of  election  to 
fill  such  vacancies. 

Special  Election. — Vacancies  in  the  office  of  representa- 
tive may  occur  on  account  of  the  death,  resignation,  inability 
to  serve,  or  removal  of  the  incumbent.  When  a  vacancy  oc- 
curs in  the  representation  from  any  state,  the  governor,  or 
acting  executive,  issues  a  proclamation  to  the  voters  of  the 
congressional  district  in  which  the  vacancy  exists,  directing 
them  to  meet  at  a  specified  time  for  the  purpose  of  electing 
a  representative  to  fill  the  vacancy.  Time  enough  is  given  to 
enable  the  different  political  parties  to  make  nominations  in 
the  usual  manner,  and  the  procedure  is,  in  the  main,  the  same 
as  at  a  general  election.  The  day  for  the  special  election  is 
named  in  the  proclamation,  and  it  is  the  same  for  all  counties 
in  the  congressional  district. 

Clause5 — House  Powers 

The  house  of  representatives  shall  choose  their  speaker  and 
other  officers,  and  shall  have  the  sole  power  of  impeachment. 
House  Officers;  Speaker* — The  right  of  the  house  of  rep- 


THE  LEGISLATIVE  BRANCH  253 

resentatives  to  choose  its  own  officers  is  a  very  proper  one. 
It  is  customary  for  all  deliberative  bodies  to  choose  their 
officers,  although  a  notable  exception  seems  to  exist  in  the 
election  of  the  vice  president,  who  serves  as  president  of  the 
senate  ex  officio.  The  speaker  of  the  house  of  representatives 
is  always  chosen  from  its  own  members,  but  the  other  officers 
are  not.  The  speaker  is  the  chief  officer  of  the  house,  and 
it  i-  his  duty  to  preside  over  the  deliberations  of  that  body 
as  chairman.  He  is  also  required  to  keep  order,  decide 
]x tints  of  parliamentary  usage  in  debate,  and  sign  the  bills 
ci  by  the  house  in  the  process  of  lawmaking.  He  no 
longer  appoints  the  standing  committees. 

Election. — As  soon  as  a  new  house  of  representatives 
nuvts,  its  first  duty  is  to  select  its  officers.  A  list  of  the 
numbers  of  the  new  house  has  been  prepared  by  the  clerk 
of  the  last  house,  and,  in  this  way,  those  who  are  entitled  to 
scats  at  the  time  of  the  organization  of  the  new  body  are 
known.  Each  member  has  a  certificate  of  election  given 
him  by  the  proper  authority  in  the  state  he  has  been  chosen 
to  represent.  If  it  is  found  that  any  person  chosen  to  a  seat 
in  this  body  has  not  the  proper  legal  qualifications,  or  if  his 
right  to  membership  is  disputed,  in  a  legal  manner,  the  con- 
test is  decided  later.  During  the  selection  of  the  new 
speaker,  the  clerk  of  the  last  house  acts  as  its  presiding 
officer.  The  oath  of  office  is  administered  to  the  newly 
elected  speaker  by  the  member  who  has  had  the  longest 
term  of  service  in  the  house,  and  who  is  called  "the  father 
of  the  house."  The  speaker  then  administers  the  oath  of 
office  to  the  other  officers,  and  to  the  members  of  the  house 
itself,  the  members  from  each  state  being  sworn  in  together. 

The  Mace. — The  mace  was  adopted  by  the  house  in  the 
first  congress,  and  it  has  been  in  use  ever  since.  When  it  is 


254  THE  NATION 

placed  on  its  pedestal,  at  the  right  of  the  speaker,  it  signifies 
that  the  house  is  in  session  and  under  the  speaker's  authority; 
when  it  is  placed  on  the  floor,  it  indicates  that  the  house  is  in 
committee  of  the  whole.  The  mace  is  a  bundle  of  black  rods 
fastened  together  with  transverse  bands'  of  silver  like  the 
Roman  "  fasces."  On  its  top  is  a  silver  globe  surmounted  by 
a  silver  eagle. 

Clerk. — The  clerk  is  one  of  the  very  important  officers  of 
the  house.  It  is  his  duty  to  keep  the  record  of  the  house  from 
day  to  day,  to  take  charge  of  all  bills  introduced  into  the 
house,  or  referred  to  that  body  by  the  senate,  and  to  see 
that  they  are  properly  taken  care  of,  when  enacted  into 
laws.  He  appoints  his  own  assistants,  sees  to  the  payment 
of  subordinate  officers  of  the  house,  and  performs  many 
other  important  duties.  The  daily  record  of  the  business 
transacted  by  the  house  is  kept  by  the  clerk  in  a  book  called 
the  journal. 

Sergeant-at-Arms. — The  sergeant-at-arms  is  the  police 
officer  of  the  house,  and  it  is  his  duty  to  see  that  the  rules  relat- 
ing to  the  conduct  of  its  members  are  strictly  enforced.  He  is 
sometimes  sent  to  bring  absent  members  to  attend  the  session 
of  the  house,  and  his  summons  places  the  members  under 
arrest.  Should  a  member  refuse  to  obey  the  order  of  the 
sergeant-at-arms,  the  power  of  the  government  itself  would 
be  invoked  to  compel  obedience  on  the  part  of  the  refractory 
member.  During  a  session  of  the  house,  the  sergeant-at-arms 
sits  facing  the  members,  in  such  a  position  that  he  can  readily 
see  all  parts  of  the  room.  In  case  of  disorderly  conduct  on 
the  part  of  the  members  of  the  house,  which  sometimes  hap- 
pens, the  sergeant-at-arms  carries  the  mace  to  the  scene  of  the 
disorder,  and  the  members  at  once  respect  its  authority,  and 
the  disorder  ceases.  This  officer  acts  as  paymaster  of  the 


I  Hi;  LEGISLATIVE  BRANCH  255 

house,  and  sees  that  each  member  receives  the  warrant  for 
the  payment  of  his  salary  as  it  becomes  due. 

Doorkeeper. — The  doorkeeper  has  charge  of  the  furnishings 
of  the  house,  and,  during  the  session  of  that  body,  it  is  his  duty 
to  see  that  no  one  is  admitted  to  the  floor  of  the  house,  unless 
privileged  to  go  there  by  the  rules  of  the  house.  He  has  charge 
of  the  galleries  also,  and  it  is  his  duty  to  maintain  order  about 
the  galleries  during  the  transaction  of  business  by  the  house. 
During  a  recess  of  congress,  the  doorkeeper  is  the  custodian 
of  the  furniture  of  the  house,  and  he  also  sees  that  the  hall 
is  put  in  proper  condition  for  the  next  meeting  of  the  house. 

Postmaster. — There  is  a  postmaster  appointed  for  the 
house  of  representatives,  and  provision  is  made  for  handling 
the  large  correspondence  of  its  members  with  care  and  dis- 
patch. A  special  post  office  is  kept  for  the  convenience  of  the 
house.  Hundreds  of  tons  of  printed  matter  are  sent  out  by 
members  of  congress  to  their  constituents  annually,  and  often 
the  hardest  work  a  member  has  to  perform  is  to  answer  the 
many  letters  sent  him  from  all  parts  of  his  district  by  those  who 
have  business  to  transact,  favors  to  ask,  or  threats  to  make,  be- 
cause of  some  real  or  imaginary  neglect  of  duty  on  his  part. 

Chaplain. — The  chaplain  is  generally  chosen  from  among 
the  clergy  of  Washington.  He  is  required  to  open  the  session 
of  the  house  daily  by  offering  prayer.  For  several  years  after 
the  organization  of  the  government,  it  was  the  custom  for  the 
chaplain  to  preach  in  the  hall  of  representatives  every  Sunday 
during  the  sessions  of  congress,  but  this  plan  has  not  been  ob- 
served for  many  years.  The  chaplain  usually  takes  charge 
of  the  funeral  services  of  congressmen  who  die  in  Washington, 
and  he  also  helps  to  conduct  memorial  services  for  deceased 

Kmbers  of  the  house, 
inpeachment. — The  house  of  representatives  is  given  the 


256  THE  NATION 

sole  power  of  impeachment.  An  impeachment  is  a  charge 
preferred  against  a  public  officer,  accusing  him  of  having 
committed  high  crimes  and  misdemeanors,  or  with  having 
violated  his  oath  of  office.  An  impeachment  is  in  the  nature 
of  an  indictment  brought  by  a  grand  jury,  and  it  is  a  formal 
accusation  for  which  the  person  accused  must  answer  to  the 
proper  tribunal.  It  does  not  determine  the  guilt  or  innocence 
of  the  accused,  but  it  requires  him  to  submit  to  an  investiga- 
tion of  the  charges  before  the  senate,  which  acts  as  a  court  for 
the  trial  of  such  cases. 

Who  may  be  Impeached. — The  constitution  says  that  all 
civil  officers  of  the  United  States  shall  be  liable  to  impeach- 
ment. The  president,  vice  president,  judges  of  the  supreme 
and  inferior  courts,  and  members  of  the  president's  cabinet 
are  the  most  important  officers  subject  to  impeachment. 
Senators  and  representatives  cannot  be  impeached. 

"  The  Blount  Case." — In  1797,  the  house  of  representa- 
tives preferred  articles  of  impeachment  against  Senator 
Blount,  of  Tennessee,  on  the  charge  of  conspiracy  to  dismem- 
ber the  Union.  The  accusation  was  made  in  the  usual  form, 
but  the  senate  decided  that  senators  are  not  civil  officers  in 
the  sense  in  which  that  term  is  used  in  the  constitution.  Al- 
though this  view  was  taken,  the  senate  promptly  expelled  the 
offending  member  under  the  authority  given  each  house  of 
congress  to  punish  its  members  for  disorderly  conduct.  Since 
that  time,  it  has  been  understood  that  members  of  congress 
are  not  liable  to  impeachment. 

"  The  Belknap  Case."— In  1876,  W.  W.  Belknap,  Secre- 
tary of  War,  was  accused  of  malfeasance  in  office  for  accepting 
bribes  for  the  appointment  of  a  certain  person  to  the  posi- 
tion of  post-trader  on  the  frontier.  He  tendered  his  resigna- 
tion at  once  to  President  Grant,  and  it  was  accepted.  Later, 


THE  LEGISLATIVE  BRANCH  257 

the  house  of  representatives  preferred  articles  of  impeach- 
ment against  him.  Much  interest  was  shown  in  the  case, 
because  the  right  of  the  house  to  impeach  Belknap,  now  a 
pri  vate  citizen,  was  raised.  The  senate  decided,  by  a  vote  of 
thirty-seven  to  twenty-nine,  that  it  had  jurisdiction  over  the 
case,  even  though  the  accused  had  retired  to  private  life. 
H  el  knap  was  not  convicted,  however,  because  a  strong  mi- 
nority questioned  the  right  of  the  senate  to  try  the  case. 

Impeachment  Cases. — It  must  be  borne  in  mind  that  im- 
puu -hnu-nt  is  only  a  formal  accusation  brought  by  the  house 
of  representatives.  President  Andrew  Johnson  was  regularly 
impeached,  in  1867,  but  he  was  not  convicted.  Four  United 
States  district  judges,  one  associate  justice  of  the  supreme 
court,  and  one  cabinet  officer,  have  been  impeached,  but  only 
two  of  the  seven  officers  tried  were  convicted  and  removed  from 
office.  These  were  Judge  John  Pickering,  of  the  district  court 
for  New  Hampshire,  in  1804,  and  Judge  W.  H.  Humphreys, 
of  the  district  court  for  Tennessee,  in  1862. 

PART  IV 

SECTION  III.    THE  SENATE 

Clause  I — Composition 

The  senate  of  the  United  States  shall  be  composed  of  two 
senators  from  each  state,  chosen  by  the  legislature  thereof,  for  six 
years;  and  each  senator  shall  have  one  vote. 

Objections  to  Senate. — The  senate  was  a  subject  of  great 
dispute  among  the  members  of  the  constitutional  convention. 
Some  members  saw  no  necessity  for  two  houses  of  congress, 
and  others  feared  that  the  plan  of  having  two  houses,  with 
different  qualifications  required  for  membership,  would  soon 
develop  into  a  legislative  body  resembling  the  British  parlia- 


THE  NATION 


The  Senate  Chamber 

ment.  Some  of  the  larger  states  wished  to  have  the  senate  a 
less  numerous  branch  than  the  house,  but  they  insisted  that 
the  membership  of  both  houses  should  be  based  upon  popula- 
tion. It  was  urged  that  two  or  three  representative  districts 
might  be  united  to  form  one  district  for  the  election  of  a  sena- 
tor. But  the  smaller  states  would  not  listen  to  this,  and  it  was 
not  until  equal  representation  of  the  states  was  decided  upon 
for  the  senate,  that  the  smaller  states  agreed  to  enter  the  Union. 

Number  of  Members. — The  senate  is  supposed  to  repre- 
sent the  states  in  a  political  sense.  The  membership  of  the 
senate  has  never  been  so  large  as  that  of  the  house.  As  there 
are  now  forty-eight  states  in  the  Union,  it  follows  that 
there  are  ninety-six  members  of  the  senate  in  congress. 

Manner  of  Choosing. — Several  methods  for  the  election 
of  senators  were  proposed  in  the  constitutional  convention, 
but  it  was  finally  decided  that  they  should  be  chosen  by 
the  legislatures  of  the  several  states.  In  recent  years  sev- 
eral attempts  have  been  made  to  amend  this  part  of  the 


THE  LEGISLATIVE  BRANCH  259 

constitution,  so  that  senators  shall  be  elected  by  the  people 
by  direct  vote,  the  same  as  representatives,  and  finally,  in 
1912,  congress  proposed  an  amendment  for  this  purpose. 
It  is  interesting  to  the  student  of  civil  government  to  note 
that  practically  every  argument  now  used  for  the  election 
of  senators  by  popular  vote  was  used  by  the  members  of 
the  constitutional  convention,  during  the  discussions  in  that 
body  concerning  the  organization  of  the  proposed  senate. 

Term. — The  constitution  fixes  the  term  of  senators  at  six 
years.  This  period  was  agreed  upon  after  much  discussion. 
Some  members  of  the  convention  preferred  annual  elections 
for  all  officers  of  the  general  government,  including  senators. 
Four  years,  six  years,  seven  years,  life,  and  during  good  be- 
havior, were  also  proposed  as  suitable  terms  for  senators. 
The  suggestion  that  senators  should  be  chosen  from  districts, 
each  of  which  was  to  be  composed  of  three  representative 
districts,  may  have  had  some  weight  in  deciding  the  senatorial 
term  to  be  three  times  the  length  of  the  representative  term. 
Experience  has  shown  that  the  senatorial  term  is  very  satis- 
factory to  the  people,  as  well  as  to  the  states. 

Vote. — Under  the  confederation,  each  state  had  but  one 
vote,  no  matter  how  many  members  it  had  in  the  congress. 
Voting  by  states  proved  unsatisfactory,  and  a  change  was 
made  so  as  to  give  each  member  in  each  house  of  the  new  con- 
gress the  right  to  cast  one  vote.  The  constitution  says  that 
each  senator  shall  have  one  vote,  and  although  nothing  is  said 
in  the  constitution  about  the  right  of  representatives  to  vote, 
h  member  of  the  house  is  given  one  vote. 


, 
I 


Clause  2 — Classification  and  Vacancies 

Immediately  after  they  shall  be  assembled  in  consequence  of 
first  election,  they  shall  be  divided,  as  equally  as  may  be,  into 
Washington — 17 


260  THE  NATION 

three  classes.  The  seats  of  the  senators  of  the  first  class  shall  be 
vacated  at  the  expiration  of  the  second  year;  of  the  second  class, 
at  the  expiration  of  the  fourth  year;  and  of  the  third  class,  at  the 
expiration  of  the  sixth  year;  so  that  one  third  may  be  chosen 
every  second  year,  and  if  vacancies  happen  by  resignation,  or 
other-wise,  during  the  recess  of  the  legislature  of  any  state,  the 
executive  thereof  may  make  temporary  appointments  until  the 
next  meeting  of  the  legislature,  which  shall  then  fill  such  va- 
cancies. 

Purpose. — This  clause  of  the  constitution  was  inserted  for 
the  purpose  of  making  the  senate  a  perpetual  body.  All  the 
members  of  the  house  of  representatives  may  be  changed  at 
any  general  election  of  those  officers,  because  they  are  all 
chosen  in  eacli  even-numbered  year,  and  the  terms  of  all  be- 
gin on  the  fourth  of  March,  in  the  year  following  their  elec- 
tion. With  the  organization  of  a  new  congress,  however,  only 
one  third  of  the  number  of  senators  can  be  changed,  unless  it 
has  been  necessary  to  elect  one  or  more  members  to  fill  vacan- 
cies. At  all  times,  one  third  of  all  the  members  of  the  senate 
have  served  at  least  two  years,  and  another  third,  at  least  four 
years.  This  clause  may  have  been  intended  as  a  formal  decla- 
ration to  the  world  that  the  new  government  was  to  be  a 
permanent  one. 

Classes. — The  division  of  senators  into  the  classes  desig- 
nated in  the  constitution  was  made  at  the  first  session  of  con- 
gress, on  May  15,  1789.  At  that  time,  only  ten  of  the  states 
were  represented  in  the  senate,  and,  consequently,  there 
were  only  twenty  senators  to  be  classified.  In  the  arrange- 
ment of  classes,  the  names  of  the  senators  were  placed  so 
that  the  two  from  each  state  were  in  separate  lists.  After 
the  lists  had  been  arranged,  the  length  of  term  of  each  class 
was  decided  by  lot.  The  result  was  that  seven  were  to  serve 


THE  LEGISLATIVE  BRANCH  261 

two  years,  seven,  four  years,  and  the  remaining  six,  the  full 
term  of  six  years.  As  new  members  have  been  added  to  the 
senate,  on  account  of  the  admission  of  new  states,  they  have 
been  assigned  to  the  classes  so  as  to  keep  the  number  of 
members  in  each  class  the  same,  as  nearly  as  possible.  Thus 
it  sometimes  happens  that  a  senator  chosen  from  a  new  state 
may  be  assigned  to  the  class  of  senators  having  but  two  years 
to  serve,  and  the  other,  to  the  class  having  four  years  to  serve. 
In  September,  1850,  California  was  admitted  into  the  Union, 
and  John  C.  Fremont,  who  was  chosen  senator  for  the  short 
term,  served  only  till  March  4,  1851.  The  terms  of  senators 
from  a  new  state  are  decided  by  lot,  and  are  known  as  the  long 
and  the  short  term. 

Ten  States. — It  is  customary  to  speak  of  the  thirteen  orig- 
inal states,  but  there  were  only  eleven  Mates  in  the  Union 
when  the  government  was  organized,  in  April,  1789.  More- 
over, owing  to  a  disagreement  between  the  two  houses  of  the 
New  York  legislature,  that  stale  failed  to  elect  her  senators 
for  some  time;  so,  as  stated  above,  there  were  only  ten  states 
represented  in  the  senate.  North  Carolina  did  not  ratify  the 
constitution  of  the  United  States  until  November  21,  1789, 
and  Rhode  Island  not  till  May  29,  1790. 

Present  Classification. — The  senate  is  now  divided  into 
three  groups,  the  first  consisting  of  thirty,  and  each  of  the 
others  of  thirty-one  members.  The  terms  of  those  of  the  first 
class  expire  at  noon,  March  4,  1911,  1917,  and  so  on;  those  of 
the  second  class,  at  noon,  March  4,  1913,  1919,  and  so  on; 
and  those  of  the  third  class,  at  noon,  March  4,  1915,  1921, 
and  so  on. 

t  Clause  J — Qualifications 

V0  person  shall  be  a  senator  who  shall  not  have  attained  to 
age  of  thirty  years,  and  been  nine  years  a  citizen  of  the 


262  THE  NATION 

United  States,  and  who  shall  not,  when  elected,  be  an  inhabi- 
tant of  that  state  for  which  he  shall  be  chosen. 

Higher  Qualifications. — It  was  admitted  by  all  the  mem- 
bers of  the  constitutional  convention  that  the  qualifications  of 
senators  should  be  higher  than  those  of  representatives.  The 
minimum  age  fixed  for  senators  is  five  years  higher,  and  the 
length  of  time  of  citizenship,  two  years  longer  than  for  repre- 
sentatives. The  clause  relating  to  inhabitancy  is  the  only  one 
that  may  be  subject  to  abuse.  While  a  senator,  at  the  time  of 
his  election,  must  be  an  inhabitant  of  the  state  from  which  he 
is  chosen,  he  may,  at  any  time  after  his  election,  remove  to 
some  other  state,  and  continue  to  serve  as  senator  from  the 
state  that  elected  him.  As  the  senate  acts  with  the  president 
in  making  treaties  with  other  nations,  the  first  two  qualifica- 
tions seem  especially  appropriate. 

Clause  4 — Presiding  Officer 

The  vice  president  of  the  United  States  shall  be  president  of 
the  senate,  but  shall  have  no  vote,  unless  they  be  equally  divided. 

Vice  President. — There  was  much  objection  made  to  the 
establishment  of  the  office  of  vice  president,  and  it  is  doubt- 
ful whether  the  office  would  have  been  created  had  not  some 
member  of  the  convention  suggested  that  the  vice  president 
should  serve  as  president  of  the  senate. 

General  Provisions. — The  work  of  presiding  over  the  sen- 
ate helps  to  qualify  the  vice  president  for  the  more  important 
position,  should  he  be  called  upon  to  perform  the  duties  of 
president.  He  is  not  permitted  to  vote  upon  any  question 
under  consideration,  except  in  case  of  equal  division  of  the 
senate,  because  his  vote  might  seem  to  increase  the  political 
influence  of  the  state  from  which  he  was  chosen.  That  state 
would  have  three  votes  in  the  senate  instead  of  two,  and,  to 


THE  LEGISLATIVE  BRANCH  263 

prevent  this,  the  vice  president  is  not  permitted  to  vote,  ex- 
cept as  above  stated.  The  vice  president  takes  no  part  in  the 
discussions  of  the  senate,  and  he  does  not  appoint  any  of  the 
regular  committees  of  that  body. 

Clause  5— Other  Officers 

The  senate  shall  choose  their  other  officers,  and  also  a  presi- 
dent pro  tempore,  in  the  absence  of  the  vice  president,  or  when 
he  shall  exercise  the  office  of  president  of  the  United  States. 

Other  Officers. — The  other  officers  of  the  senate  are  a  presi- 
dent pro  tempore,  a  secretary,  sergeant-at-arms,  chaplain,  li- 
brarian, and  postmaster.  The  duties  of  the  secretary  corre- 
spond to  those  of  the  clerk  of  the  house,  and  those  of  the 
other  officers  to  those  with  the  same  titles  in  the  house.  There 
are  such  assistants  chosen  as  are  necessary  to  make  the  work 
of  each  officer  efficient. 

President  Pro  Tempore. — The  president  pro  tern  pore  is 
chosen  by  the  senate  from  among  its  own  members.  As  soon 
as  the  vice  president  has  taken  the  oath  of  office,  and  the  busi- 
ness of  the  senate  will  permit,  that  officer  vacates  the  chair  as 
presiding  officer,  in  order  that  a  president  pro  tempore  may  be 
chosen.  One  of  the  members  of  the  senate  presides  during 
the  selection  of  this  officer.  As  a  rule,  the  office  of  president 
pro  tempore  is  an  honorary  one,  as  he  is  not  often  called  upon 
to  preside  over  the  senate  for  any  length  of  time.  When  the 
vice  president  succeeds  to  the  presidency,  the  president  pro 
tempore  presides  at  all  sessions  of  the  senate,  and  he  then  re- 
ceives the  same  pay  as  the  vice  president.  It  is  not  right  to 
call  the  president  pro  tempore,  vice  president  of  the  United 
States.  The  two  offices  are  entirely  separate  and  distinct 
from  each  other.  The  president  pro  tempore  is  a  member  of 
the  senate,  and  consequently  he  has  the  right  to  vote  on 


264  THE  NATION 

all  questions  under  consideration  by  the  senate,  when  pre- 
siding. 

Clauses  6  and  / — Impeachment 

The  senate  shall  have  the  sole  power  to  try  all  impeachments. 
When  sitting  for  that  purpose,  they  shall  be  on  oath  or  affirma- 
tion. When  the  president  of  the  United  States  is  tried,  the  chief 
justice  shall  preside;  and  no  person  shall  be  convicted  without 
the  concurrence  of  two  thirds  of  the  members  present. 

Judgment  in  cases  of  impeachment  shall  not  extend  further 
than  to  removal  from  office,  and  disqualification  to  hold  and  en- 
joy any  office  of  honor,  trust,  or  profit  under  the  United  States; 
but  the  party  convicted  shall,  nevertheless,  be  liable  and  subject 
to  indictment,  trial,  judgment,  and  punishment,  according  to 
law. 

Court  of  Impeachment. — As  stated  elsewhere,  the  house  of 
representatives  has  the  sole  power  of  impeachment,  but  when 
a  public  officer  has  been  impeached,  he  is  obliged  to  appear 
before  the  senate  to  answer  to  the  charges  that  have  been  pre- 
ferred against  him.  When  trying  a  case  of  impeachment,  the 
senate  is  organized  as  a  court,  and  each  senator  is  required  to 
take  an  oath  (or  affirmation)  that  he  will  try  the  case  fairly. 

Impeachment  of  President. — When  the  president  of  the 
United  States  is  tried,  the  chief  justice  of  the  supreme  court 
presides.  This  is  done  to  secure  impartial  rulings  on  the  part 
of  the  presiding  officer.  It  was  thought  advisable  to  make 
this  provision,  as  the  vice  president,  who  is  first  in  the  line  of 
succession  to  the  presidency,  might  be  unduly  interested  in 
securing  the  removal  of  the  president.  In  the  trial  of  Presi- 
dent Johnson,  a  change  of  one  vote  from  the  number  opposed 
to  his  conviction  would  have  made  the  necessary  two-thirds 
vote  required  to  sustain  the  impeachment. 


THE  LEGISLATIVE  BRANCH  265 

Conviction. — The  conviction  of  a  public  officer  on  im- 
peachment is  a  very  grave  matter,  and  it  is  certainly  a  safe 
plan  to  require  a  two-thirds  vote  of  the  senators  present  to 
convict  a  person  who  has  been  impeached.  In  the  heat  of 
political  discussion,  or  influenced  by  party  spirit,  even  so 
dignified  a  body  as  the  senate  might  be  led  to  vote  according 
to  the  dictation  of  a  party,  rather  than  by  the  dictates  of  jus- 
tice and  the  facts  of  the  case.  In  the  trial  of  President  John- 
son, and  the  deliberations  of  the  joint  high  electoral  commis- 
sion of  1877,  a  division  was  made  in  the  voting  along  strict 
party  lines. 

PART  V 

SECTION  IV.    ELECTIONS  AND  MEETINGS 
Clause  I — Elections  to  Congress 

The  times,  places,  and  manner  of  holding  elections  for  sena- 
tors and  representatives  shall  be  prescribed  in  each  stale  by 
the  legislature  thereof;  but  the  congress  may  at  any  time  by 
/(/i,  make  or  alter  such  regulations,  except  as  to  the  places  of 
choosing  senators. 

Congressional  Districts;  Elections. — This  clause  explains 
itsilf.  In  the  absence  of  any  action  by  congress,  the  time, 
place,  and  manner  of  electing  members  of  congress  is  left 
to  the  states.  In  1842,  congress  passed  a  law  providing  for 
the  division  of  the  states  into  congressional  districts  for  the 
election  of  representatives,  and,  by  another  law  that  went  into 
effect  in  1876,  the  time  of  the  election  of  representatives  is 
fix nl  as  the  Tuesday  next  after  the  first  Monday  in  Novem- 
ber of  each  even-numbered  year.  (See  page  244.) 

Prohibition  on  Congress. — Congress  is  not  permitted  to  fix 
the  place  for  the  election  of  senators.  This  is  a  wise  pro- 
vision. For  some  reason,  such  as  invasion,  insurrection,  or 


266  THE  NATION 

an  epidemic  disease,  the  legislature  of  any  state  might  find  it 
necessary  to  meet  at  some  other  place  than  the  state  capital. 
In  such  a  case,  the  election  of  a  senator  would  not  be  pre- 
vented, if  it  became  necessary  to  hold  the  election  while  the 
legislature  was  in  session  at  any  other  place  than  the  seat  of 
government. 

Clause  2 — Meetings 

The  congress  shall  assemble  at  least  once  in  every  year,  and 
such  meeting  shall  be  on  the  first  Monday  in  December,  unless 
they  shall  by  law  appoint  a  different  day. 

Time  of  Meeting. — Although  the  term  of  members  begins 
on  the  fourth  day  of  March  in  the  odd-numbered  years,  the 
regular  annual  session  of  congress  does  not  convene  until  the 
first  Monday  in  December.  Congress  has  never  exercised 
the  privilege  of  appointing  a  different  day  than  the  one  fixed 
by  the  constitution.  The  president  may  call  an  extra  session 
of  congress  at  any  time,  and  he  frequently  calls  the  new  con- 
gress to  meet  in  special  session.  All  sessions  that  convene  on 
the  date  fixed  by  the  constitution  are  called  regular  sessions, 
and  all  others,  special  sessions.  The  second  regular  session 
of  each  congress  (the  "short"  session)  always  closes  its  work 
on  the  fourth  of  March  following,  but  there  is  no  time  set  for 
the  closing  of  a  special  session,  or  of  the  first  regular  session 
(the  "long"  session). 

SECTION  V.    SEPARATE  POWERS  AND  DUTIES 
Clause  I — Membership — Quorum 

Each  house  shall  be  the  judge  of  the  elections,  returns,  and 
qualifications  of  its  own  members,  and  a  majority  of  each  shall 
constitute  a  quorum  to  do  business;  but  a  smaller  number  may 
adjourn  from  day  to  day,  and  may  be  authorized  to  compel  the 


THE  LEGISLATIVE  BRANCH  267 

attendance  of  absent  members,  in  such  manner  and  under  such 
penalties  as  eaoh  house  may  provide. 

Judge  of  Qualifications,  etc. — The  first  clause  of  the  above 
paragraph  from  the  constitution  is  reasonable  as  well  as  neces- 
sary. The  qualifications  of  representatives,  their  election, 
and  the  manner  in  which  the  returns  of  election  are  made, 
differ  from  those  of  senators.  Each  house  is  directly  in- 
terested in  the  qualifications  and  proper  choice  of  its  own 
members,  and  no  better  plan  than  that  of  g\\ -imj  to  each  house 
the  right  to  determine  all  matters  of  that  kind  for  itself  could 
have  been  devised. 

Quorum. — In  the  transaction  of  business  connected  with 
lawmaking,  it  would  have  been  manifestly  unfair  to  give  the 
power  to  make  laws  to  a  smaller  number  than  a  majority  of 
all  the  members.  When  it  happens  that  a  smaller  number 
than  a  quorum  is  present  at  the  opening  of  any  session,  those 
present  may  adjourn  to  the  following  day.  They  may,  if  they 
choose,  direct  the  sergeant-at-arms  to  summon  absent  mem- 
bers and  compel  their  attendance.  This,  however,  cannot  be 
done  in  the  house  of  representatives,  unless  there  are  present 
at  least  fifteen  members  to  order  it.  When  there  are  fewer 
than  fifteen  members  present  at  the  opening  of  a  session,  they 
adjourn.  This  is  now  seldom  necessary,  as  the  menibership 
of  the  house  is  so  large  that,  when  the  hour  for  opening  ar- 
rives, many  more  than  the  required  number  are  usually  pres- 
ent. No  special  number  has  been  designated  by  the  rules  of 
the  senate  with  power  to  adjourn  on  account  of  the  lack  of  a 
quorum  at  the  beginning  of  a  daily  session. 

Counting  a  Quorum. — In  recent  years,  some  members  of 
the  house  of  representatives  have  often  refused  to  vote  on 
certain  questions,  in  the  hope  that  they  could  thus  defeat,  or 
at  least  delay,  the  passage  of  the  measure.  If  the  number  of 


268  THE  NATION 

votes  cast  was  less  than  a  quorum,  that  is,  less  than  a  ma- 
jority of  all  the  votes  possible,  it  would  appear  that  no 
quorum  was  present,  and  so  the  measure  would  be  delayed. 
The  house  of  representatives,  during  the  first  session  of  the 
fifty-first  congress,  adopted  a  rule  which  permitted  a  mem- 
ber to  demand,  or  the  speaker  to  suggest,  that  the  names  of 
such  members  present,  sufficient  to  make  a  quorum,  be  added 
to  those  voting,  and  that  they  be  counted,  for  the  purpose  of 
showing  that  a  quorum  was  present  at  the  time  the  vote  on 
the  measure  under  consideration  was  taken.  Afterwards,  the 
naming  of  the  members  present,  but  not  voting,  was  placed 
in  the  hands  of  two  tellers  named  by  the  speaker. 

Absence. — No  member  has  a  right  to  be  absent  from  a 
session,  unless  he  is  sick  or  has  been  excused  from  attendance. 
When  a  member  is  brought  in  by  the  sergeant-at-arms,  he  is 
required  to  give  an  excuse  for  his  absence,  and  some  very 
amusing  scenes  occur  at  such  times. 

Clause  2 — Discipline 

Each  house  may  determine  the  rules  of  its  proceedings, 
punish  its  members  for  disorderly  behavior,  and  with  the  con- 
currence of  two  thirds,  expel  a  member. 

Conduct  of  Members. — Each  house  of  congress  has  adopted 
a  list  of  rules  relating  to  its  organization,  the  privileges  of  its 
members,  the  duties  of  its  officers,  the  rules  governing  de- 
bate, and  many  other  items  of  special  interest.  It  has  been 
necessary  for  each  house  to  punish  some  of  its  members  for 
disorderly  conduct,  and  some  members  of  each  house  have 
been  expelled. 

Keeping  Order. — The  presiding  officer  of  each  house  is 
required  by  the  rules  to  preserve  order.  This  is  also  one  of 
the  duties  of  the  presiding  officer  of  any  deliberative  body. 


THE  LEGISLATIVE  BRANCH  269 

The  speaker  of  the  house  often  has  much  difficulty  in  main- 
taining order  during  the  excited  discussion  of  some  important 
question.  To  aid  him  in  calling  the  house  to  order,  the 
speaker  uses  a  mallet,  called  a  gavel,  with  which  he  raps  upon 
the  desk  before  him.  Occasionally,  he  must  pound  the  desk 
vigorously  with  the  gavel,  and,  when  this  fails,  the  power  of 
the  house  is  invoked,  and  the  sergeant-at-arms  is  sent  among 
the  members,  mace  in  hand,  to  restore  quiet. 

Sometimes,  the  debate  on  some  question  is  prolonged  by 
those  who  wish  to  oppose  the  measure  for  the  purpose  of 
delaying  action  or  preventing  a  vote.  Debates  of  this  kind  are 
sometimes  terminated,  in  the  house  of  representatives,  by  a 
motion  which  calls  for  "the  previous  quest  ion."  But  no 
such  rule  applies  to  the  senate.  In  that  body,  a  member  may 
talk  as  long  as  he  chooses,  and  there  is  no  recognized  au- 
thority to  stop  him. 

Clause  3— Publicity 

Each  house  shall  keep  a  journal  of  its  proceedings,  and  from 
time  to  time  publish  the  same,  excepting  such  parts  as  may,  in 
their  judgment,  require  secrecy;  and  the  yeas  and  nays  of  the 
members  of  either  house  on  any  question  shall,  at  the  desire  of 
one  fifth  of  those  present,  be  entered  on  the  journal. 

Journal. — Each  house  keeps  a  record  of  its  proceedings, 
from  day  to  day,  in  a  book  called  the  journal.  In  this  book 
is  entered  in  detail  the  work  of  the  day,  and  this  record  is  read, 
corrected,  and  approved,  at  the  opening  of  the  next  day's 
session.  In  addition  to  this  record,  an  official  newspaper  is 
published  daily,  in  which  is  printed  everything  that  transpired 
in  both  houses,  so  that,  each  morning,  every  member  of  con- 
gress may  know  exactly  what  was  said  by  any  member,-  on 
any  subject,  the  day  before.  As  a  rule,  the  daily  session  of 


270  THE  NATION 

congress  convenes  at  noon,  and,  by  that  time,  whatever  was 
done  the  preceding  day  has  become  public  property,  and  it 
may  serve  as  a  guide  to  members  in  the  discussions  of  that 
day.  The  journal  is  read  and  approved  by  the  presiding 
officer  of  each  house,  before  it  is  submitted  to  the  members 
for  approval. 

Publication. — If,  at  any  time,  the  public  safety  seems  to 
demand  that  any  part  of  the  proceedings  of  either  house  shall 
be  kept  secret,  such  part  is  not  published.  This  is  necessary 
in  time  of  war  or  public  danger,  when  the  publication  of  the 
acts  of  congress  would  be  of  great  benefit  to  the  enemy,  and 
a  corresponding  detriment  to  the  government.  In  the  discus- 
sion of  treaties  with  foreign  powers  by  the  senate,  all  the  delib- 
erations of  that  body  are  kept  secret. 

Voting. — The  usual  method  of  voting  viva  voce  is  a  sim- 
ple one,  and  the  presiding  officer  can  usually  tell  by  the 
sound  of  the  voices  whether  the  motion  is  carried  or  lost.  If 
he  is  in  doubt  as  to  the  result,  he  calls  upon  those  who  voted 
in  the  affirmative  to  rise  and  be  counted,  and  afterwards,  those 
who  voted  in  the  negative. 

Tellers. — Voting  by  tellers  is  sometimes  resorted  to  as  a 
means  of  deciding  the  number  of  votes  cast  for  and  against  a 
measure.  The  speaker  appoints  two  members  to  act  as 
tellers,  and  the  members  who  vote  in  favor  of  the  measure  are 
directed  to  march  in  front  of  the  tellers  to  be  counted.  After 
this  has  been  done,  and  those  who  have  voted  have  been 
seated,  those  who  vote  in  opposition  to  the  measure  march 
around  in  the  same  manner  in  front  of  the  tellers  and  are 
counted.  The  vote  of  the  majority  decides  whether  the 
measure  is  carried  or  lost. 

Yeas  and  Nays. — The  process  of  voting  by  yeas  and  nays 
is  longer  than  the  others,  and  it  is  sometimes  resorted  to  by  a 


THE  LEGISLATIVE  BRANCH  271 

minority  to  hinder  legislation.  Under  the  rule  fixed  by  the 
constitution,  the  yeas  and  nays  must  be  entered  on  the 
journal,  whenever  it  is  requested  by  one  fifth  of  the  members 
present.  By  this  method  of  voting,  every  member  is  obliged 
to  put  himself  on  record  as  to  how  he  votes.  When  the  vote 
is  taken  by  yeas  and  nays,  the  names  of  the  members  are 
called  in  alphabetical  order,  and,  as  each  man's  name  is 
called,  he  announces  his  vote.  When  the  roll  has  been  com- 
pleted, the  list  is  read  again,  with  the  record  of  each  vote,  for 
the  purpose  of  correcting  errors,  if  any  have  been  made. 
When  we  remember  that  there  are  now  several  hundred  mem- 
bers  of  the  house,  it  will  be  seen  that  this  method  of  voting 
is  a  long  one.  Calling  for  a  vote  by  yeas  and  nays  to  delay 
legislation  is  called  "  filibustering." 

Clause  4 — Adjournment 

Neither  house,  during  the  session  of  congress,  shall,  without 
the  consent  of  the  other,  adjourn  for  more  than  three  days,  nor  to 
any  other  place  than  that  in  which  the  two  houses  shall  be  sit- 
ting 

Purpose. — This  clause  was  inserted  in  the  constitution  to 
satisfy  those  members  of  the  constitutional  convention  who 
were  opposed  to  having  two  houses  of  congress.  Under  this 
rule,  one  house  has  not  the  power  to  adjourn  for  an  indefinite 
period,  for  the  purpose  of  preventing  legislation  to  which  its 
influential  members  are  opposed.  Should  the  two  houses  fail 
to  agree  upon  a  time  of  adjournment,  they  may  both  be  ad- 
journed by  proclamation  of  the  president,  but  this  has  never 
been  found  necessary.  Most  of  the  states  place  a  similar  re- 
striction on  the  two  houses  of  the  state  legislature.  See,  for 
instance,  section  n  of  article  II  of  the  constitution  of  Wash- 
ington (page  72). 


272  THE  NATION 

PART  VI 

SECTION  VI.    PRIVILEGES  AND  RESTRICTIONS  OF  MEMBERS 
Clause  I — Privileges 

The  senators  and  representatives  shall  receive  a  compensa- 
tion/or their  services,  to  be  ascertained  by  law,  and  paid  out  of 
the  treasury  of  the  United  States.  They  shall  in  all  cases,  ex- 
cept treason,  felony,  and  breach  of  the  peace,  be  privileged  from 
arrest  during  their  attendance  at  the  session  of  their  respective 
houses,  and  in  going  to  and  returning  from  the  same;  and  for 
any  speech  or  debate  in  either  house,  they  shall  not  be  questioned 
in  any  other  place. 

Salary. — The  salary  of  senators  and  representatives  is  now 
fixed  by  law  at  seven  thousand  five  hundred  dollars  a  year, 
and  it  is  paid  monthly  out  of  the  treasury  of  the  United  States. 
Under  the  articles  of  confederation,  members  of  congress 
were  paid,  if  at  all,  out  of  the  state  treasury.  Some  of  the 
states  allowed  their  members  a  higher  compensation  than 
did  the  others,  which  was  a  source  of  dissatisfaction,  and 
some  of  the  members  of  congress  under  the  confederation  re- 
ceived no  pay.  Franklin  and  a  few  other  members  of  the  con- 
stitutional convention  were  in  favor  of  paying  members  of 
congress  no  salary  whatever,  but  they  were  overruled.  At 
first,  the  salary  of  members  of  congress  was  fixed  at  six  dollars 
a  day  for  the  time  employed,  and  thirty  cents  a  mile  for  trav- 
eling expenses.  Several  changes  were  made  before  the  pres- 
ent salary  was  adopted.  The  salary  of  the  speaker  is  fixed  at 
twelve  thousand  dollars  a  year.  The  president  pro  tempore 
of  the  senate  receives  twelve  thousand  dollars  a  year,  when  he 
presides  regularly  over  a  session  of  that  body.  At  other  times, 
his  salary  is  the  same  as  that  of  other  members. 


THE  LEGISLATIVE  BRANCH  273 

"  Salary  Grab." — Several  times  in  the  history  of  the  coun- 
try, the  salary  of  members  of  congress  has  been  raised,  and 
the  law  was  made  retroactive,  that  is,  it  provided  that  the  in- 
crease should  date  from  the  beginning  of  the  regular  session 
at  which  the  law  was  passed,  or  to  cover  the  entire  term  of  the 
members  of  that  congress  from  its  beginning.  On  the  last 
day  of  the  session  of  the  forty-second  congress,  a  law,  known 
as  the  "salary  grab,"  was  passed  i>y  both  houses  of  congress 
and  signed  by  President  Grant.  By  the  provisions  of  this 
law,  members  of  congress  were  to  receive  seven  thousand, 
five  hundred  dollars  a  year,  and  the  salary  of  the  president 
was  raised  from  twenty- five  thousand  dollars  a  year  to  fifty 
thousand.  The  law  also  provided  that  the  salary  of  members 
of  congress  >hould  be  raised  for  the  full  term  ending  on  the 
day  the  law  was  passed.  A  storm  of  indignation  swept  over 
the  country,  and,  while  the  constitutionality  of  the  law  was 
recognized,  the  next  congress  made  haste  to  reduce  the  .-alary 
of  its  members  to  five  thousand  dollars  a  year,  as  it  had  been 
before  the  law  was  parsed,  and  a>  it  remained  for  many  years 
afterward.  Some  members  of  the  forty  second  congress  took 
the  back  pay  and  kept  it,  while  some  refused  to  accept  the 
•crease,  and  some  who  took  the  full  amount,  afterwards 
turned  the  excess  back  into  the  treasury.  The  salary  of  the 
president  was  left  at  fifty  thousand  dollars  a  year. 

Stationery;  Mileage. — In  addition  to  the  salary  named, 
each  member  of  congress  receives  one  hundred  and  twenty- 
five  dollars  a  year  for  stationery,  and  an  allowance  of  twenty 
cents  a  mile  for  traveling  expenses.  Mileage  is  computed 
upon  the  nearest  traveled  route,  and  is  allowed  for  going  to 
and  returning  from  the  seat  of  government.  The  allowance 
for  stationery  and  mileage  is  made  for  each  special  session  of 
congress,  as  well  as  for  each  regular  session.  The  mileage  is 


274  THE  NATION 

paid  on  the  first  day  of  the  session  of  congress  to  all  members 
present,  and  to  the  other  members  as  soon  as  they  arrive 
after  the  beginning  of  the  session.  Stationery  is  furnished  at 
cost,  but  any  member  may  draw  his  allowance  for  stationery 
in  money,  if  he  chooses  to  do  so.  The  franking  privilege  is 
also  allowed  members  of  congress,  by  means  of  which  they  are 
permitted  to  send  through  the  mails,  free  of  charge,  public 
documents  to  their  constituents,  and  all  letters  of  an  official 
nature  to  any  part  of  the  country. 

Freedom  from  Arrest. — The  privilege  of  freedom  from 
arrest,  except  in  the  cases  specified,  is  a  wise  provision.  If  it 
were  not  for  this  right,  persons  desirous  of  preventing  legisla- 
tion might  cause  the  arrest  of  members  of  congress  on  false 
or  trifling  charges  and  thus  prevent  them  from  attending  to 
their  duties  as  legislators.  Treason,  felony,  and  breach  of  the 
peace  are  crimes  so  serious  that  even  a  congressman  should 
not  be  exempt  from  arrest,  if  guilty  of  any  of  them.  Our  law- 
makers should  most  certainly  be  law-abiding  citizens. 

Freedom  of  Speech. — The  freedom  of  speech  guaranteed 
in  debate  is  for  the  purpose  of  permitting  members  to  speak 
freely  and  plainly  upon  any  subject  under  discussion  in  the 
process  of  lawmaking.  This  does  not  prevent  either  house 
from  adopting  rules  to  govern  members  in  debate.  In  fact, 
the  rules  that  have  been  adopted  for  this  purpose  are  very 
exacting,  and  strict  obedience  to  them  is  required. 

Clause  2 — Prohibitions 

No  senator  or  representative  shall,  during  the  time  for  which 
he  was  elected,  be  appointed  to  any  civil  office  under  the  au- 
thority of  the  United  States,  which  shall  have  been  created,  or 
the  emoluments  whereof  shall  have  been  increased  during  such 
time;  and  no  person  holding  any  office  under  the  United  States, 


INI     I.I  (HSLATIVE  BRANCH  275 

shall  be  a  member  of  either  house  during  his  continuance  in 
office. 

A  Wise  Provision. — If  it  were  not  for  this  clause  of  the  con- 
stitution, offices  might  be  created  by  congress,  and  large 
salaries  provided,  and  these  offices  given  to  the  members 
of  congress  who  had  been  instrumental  in  bringing  about 
the  passage  of  the  law.  An  office  with  a  large  salary  and 
permanent  in  tenure  would  be  a  constant  temptation  to 
some  members,  and  resignations  might  become  common  in 
con^ros,  instead  of  very  rare,  as  at  present.  It  will  be 
noticed  that  the  restriction  placed  upon  a  senator  or  repre- 
sentative by  this  clause  is,  "during  the  time  for  which  he 
was  elected." 

PART  VII 

* 

SECTION  VII.    LAWMAKING 
Clause  I — Revenue  Bills 

All  bills  for  raising  revenue  shall  originate  in  the  house  of 
reprcwntiit'nrs;  but  the  senate  may  propose  or  concur  with 
Amendments  as  on  other  bills. 

English  Custom. — This  is  a  plan  borrowed  from  England. 
In  parliament,  all  bills  for  raising  revenue  originate  in  the 
house  of  commons.  It  was  thought  wise  to  place  the  right  to 
propose  measures  for  raising  revenue  in  the  hands  of  the  rep- 
resentatives, because  they  are  nearer  the  people,  in  a  sense, 
than  senators  are.  The  custom  authorized  by  this  clause  of 
the  constitution  still  prevails,  as  a  matter  of  form,  perhaps, 
and  any  attempt  on  the  part  of  the  senate  to  infringe  upon  the 
right  of  the  house  of  representatives  in  matters  relating  to 
raising  revenue  receives  no  attention  from  that  body.  Usu- 

f,  such  a  bill,  if  passed  by  the  senate,  is  entirely  ignored 
Washington — 18 


276  THE  NATION 

by  the  house,  which  is  never  done  in  the  case  of  bills  of  any 
other  character. 

Effect  of  Restriction. — The  provision  really  amounts  to 
little  now,  because,  after  a  revenue  bill  has  been  acted  upon 
by  the  house,  it  becomes  the  property  of  the  senate,  and 
may  be  disposed  of  by  that  body  in  the  same  manner  as  any 
other  bill.  The  amendments  proposed  by  the  senate  may, 
and  often  do,  largely  change  the  character  of  the  bill.  If  a 
senator  wishes  to  have  a  revenue  bill  introduced  into  the 
house,  he  may  easily  accomplish  this  by  having  a  representa- 
tive from  his  own  state  see  to  its  introduction. 

Clause  2 — Mode  of  Making  Laws 

Every  bill  which  shall  have  passed  the  house  of  representa- 
tives and  the  senate,  shall,  before  it  becomes  a  law,  be  presented 
to  the  president  of  the  United  States;  if  he  approve,  he  shall 
sign  it;  but  if  not  he  shall  return  it,  with  his  objections,  to  that 
house  in  which  it  shall  have  originated,  who  shall  enter  the  ob- 
jections at  large  on  their  journal,  and  proceed  to  reconsider  it. 
If  after  such  reconsideration  two  thirds  of  that  house  shall 
agree  to  pass  the  bill,  it  shall  be  sent,  together  with  the  objections, 
to  the  other  house,  by  which  it  shall  likewise  be  reconsidered,  and 
if  approved  by  two  thirds  of  that  house,  it  shall  become  a  law. 
But  in  all  such  cases  the  votes  of  both  houses  shall  be  deter- 
mined by  yeas  and  nays,  and  the  names  of  the  persons  voting 
for  and  against  the  bill  shall  be  entered  on  the  journal  of  each 
house  respectively.  If  any  bill  shall  not  be  returned  by  the  presi- 
dent within  ten  days  (Sundays  excepted)  after  it  shall  have  been 
presented  to  him,  the  same  shall  be  a  law,  in  like  manner  as  if 
he  had  signed  it,  unless  the  congress  by  their  adjournment  pre- 
vent its  return,  in  which  case  it  shall  not  be  a  law. 

Bills. — A  bill  is  the  draft  of  a  proposed  law.    Any  member 


THE  LEGISLATIVE  BRANCH  277 

of  either  house  may  introduce  a  bill  upon  any  subject,  with 
the  one  exception  that  bills  for  raising  revenue  must  origi- 
nate in  the  house  of  representatives.  At  every  session  of 
congress,  thousands  of  bills  are  introduced  into  each  house, 
but  comparatively  few  are  enacted  into  law,  and  it  rarely 
happens  that  a  bill  of  any  importance  is  ever  adopted  by 
both  houses  in  the  form  in  which  it  is  introduced. 

Committees. — Nearly  all  legislation  of  congress  is  con- 
trolled by  committees.  This  has  become  necessary,  in  late 
years,  on  account  of  the  large  number  of  members  of  which 
each  house  of  congress  is  composed.  It  is  really  more  of  a 
necessity  in  the  house  of  representatives  than  in  the  senate, 
for  the  former  body  is  so  large  as  to  make  a  discussion  of 
evrry  bill,  in  all  its  stages,  in  open  session,  an  absolute 
impossibility. 

House  Committees. — In  the  house  of  representatives,  the 
committees  are  now  elected  by  vote  of  the  house  (before 
1911  they  were  appointed  by  the  speaker),  and  the  members 
i-kried  to  any  committee  serve  for  the  remainder  of  the 
congress.  As  the  speaker  and  the  committees  are  chosen  at 
tlu-  beginning  of  the  new  congress,  the  committees  usually 
serve  for  two  years.  On  this  account,  they  are  called  stand- 
ing committees.  The  membership  of  the  committees  of  the 
house  of  representatives  varies  according  to  the  relative  im- 
portance of  the  work  to  be  done.  A  committee  consists  of 
an  odd  number  usually,  and  has  not  less  than  three  nor 
more  than  twenty-one  members.  The  man  named  first  on 
the  committee  is  its  chairman,  and  it  is  his  duty  to  call  the 
meetings  of  his  committee  and  to  preside  over  its  delibera- 
tions. The  house  has  about  sixty  standing  committees. 

Senate  Committees. — The  senate,  like  the  house,  elects 
its  committees.  This  is  done  at  the  beginning  of  each  new 


278  THE  NATION 

congress,  and  is  really  a  part  of  the  work  of  organization.  In 
both  houses,  it  is  sometimes  necessary  to  raise  committees  to 
do  some  special  work.  Such  are  known  as  special  committees, 
and  they  are  discontinued  as  soon  as  the  work  for  which  they 
were  appointed  has  been  completed.  The  standing  com- 
mittees of  the  senate  consist  of  from  three  to  seventeen  mem- 
bers, and  there  are  more  than  sixty  such  committees.  Their 
work  is  very  important. 

Action  of  Committees. — When  a  bill  has  been  introduced 
into  either  house,  it  is  at  once  referred  to  the  proper  com- 
mittee, and,  from  that  time  forward,  its  fate  depends  almost 
entirely  upon  the  action  of  the  committee.  Sometimes  the 
committee  refers  the  bill  back  to  the  house  or  senate  in  the 
form  in  which  it  was  introduced,  but  that  is  a  rare  occurrence. 
At  other  times,  the  bill  may  be  reported  back  after  many  al- 
terations of  it  have  been  made.  Frequently,  no  action  is 
taken,  and  the  bill  is  then  said  to  have  been  killed  by  the  com- 
mittee. Many  bills  reported  back  for  consideration  are  so 
changed  by  the  committee  that  they  bear  almost  no  resem- 
blance to  the  original  draft.  It  often  happens  that  a  bill  is  of 
so  great  importance  that  it  is  considered  wise  to  near  the 
opinion  of  persons  not  members  of  congress  at  all.  In  such 
cases,  persons  are  summoned  to  appear  before  the  committee 
to  give  testimony  or  to  answer  any  questions  that  may  be 
asked. 

Three  Readings. — Every  bill  that  is  passed  by  either 
house  is  read  three  times  before  the  final  vote  is  taken.  When 
a  bill  has  been  reported  back  by  the  committee  with  the 
recommendation  that  it  be  passed,  it  is  printed  by  order  of 
the  clerk,  so  that  each  member  may  have  a  printed  copy  for 
examination  and  study.  The  bill  is  read  by  its  title  one  day, 
and  on  some  following  day,  it  comes  up  for  its  second  read- 


THE  LEGISLATIVE  BRANCH  279 

ing.  At  this  time,  it  is  debated,  amended,  and  ordered  en- 
grossed. On  some  future  day,  it  is  read  the  third  time,  voted 
upon  as  a  whole,  and  passed,  or  if  it  does  not  receive  the  af- 
firmative vote  of  a  majority  of  those  present,  it  is  rejected.  A 
bill  that  is  deemed  of  special  importance  may  be  read  three 
times  in  one  day,  under  a  suspension  of  the  rules,  and  passed. 

Further  Action. — We  may  suppose  that  the  bill  under  con- 
sideration has  been  introduced  into  the  house  of  representa- 
tives, and  passed  by  that  body.  It  is  then  sent  to  the  senate 
by  the  clerk  of  the  house,  with  the  announcement  that  the 
bill  has  been  passed  by  the  house.  The  bill  is  then  referred 
to  the  proper  committee  of  the  senate,  passed  to  its  three 
readings  in  the  same  manner  as  in  the  house,  altered  or 
amended  at  the  wish  of  the  senate,  and  passed  or  rejected  by 
that  body,  as  it  chooses.  If,  in  the  consideration  of  the  bill 
by  the  senate,  a  single  word  is  changed,  the  bill  must  be  re- 
ferred back  to  the  house  for  that  body  to  concur  in  the  change. 
In  other  words,  a  bill  must  pass  both  houses  with  exactly  the 
same  wording,  in  order  that  it  may  become  a  law.  It  some- 
times happens  that  a  bill  that  has  been  referred  back  to  the 
house  in  which  it  originated,  with  amendments,  is  altered  by 
that  house,  instead  of  being  concurred  in.  It  must  then  re- 
ceive the  indorsement  of  the  other  house.  To  secure  agree- 
ment of  the  two  houses  in  such  cases,  a  special  conference 
committee  is  often  appointed  from  the  two  houses  to  propose 
a  compromise  measure.  When  a  bill  has  passed  both  houses, 
it  is  enrolled  on  parchment,  after  it  has  been  compared  care- 
fully with  the  text  of  the  bill  as  ratified  by  both  houses.  The 
presiding  officer  of  each  house  signs  the  bill,  at  the  same  time 
informing  the  members  of  his  action. 

Action  of  President. — A  committee  then  presents  the  bill 
to  the  president  of  the  United  States  for  his  signature.  The 


280  THE  NATION 

fact  that  the  president  has  signed  the  bill  is  reported  to  con- 
gress, and  the  new  law  is  then  filed  with  the  secretary  of  state, 
who  has  it  printed  with  the  other  laws  passed  by  congress. 
As  stated  above,  if  the  president  approves  of  a  bill  that  has 
been  passed  by  congress,  he  signs  it,  and  it  is  then  a  law.  If 
he  does  not  approve  it,  he  returns  it  to  the  house  in  which  it 
originated,  stating  his  objections  to  it.  These  objections  are 
spread  upon  the  journal  of  the  house  as  a  part  of  the  perma- 
nent record,  and  the  bill  is  then  reconsidered.  The  refusal  of 
the  president  to  sign  a  bill  is  called  a  veto,  which  is  a  Latin 
word,  signifying,  "I  forbid." 

Veto  Power. — The  veto  power  has  not  been  exercised 
freely  by  all  of  the  presidents,  although  some  have  used  it 
much  more  than  others.  This  power  was  intended  to  serve 
as  a  check  upon  hasty  legislation.  In  general,  a  bill  may  be 
vetoed  because  it  is  considered  unconstitutional,  or  because 
it  is  not  considered  a  wise  measure  by  the  executive.  In  the 
several  states,  the  veto  power  is  conferred  upon  the  governor. 

Subsequent  Action. — The  veto  power  of  the  president  is 
only  partial,  for,  if  each  house  agrees,  by  a  two-thirds  ma- 
jority, to  pass  a  bill,  after  it  has  been  vetoed  by  the  president, 
the  bill  becomes  a  law  and  is  of  the  same  force  and  effect  as 
though  it  had'  not  been  vetoed.  In  passing  a  bill  over  the 
president's  veto,  the  vote  is  always  taken  by  yeas  and  nays. 
This  is  done  to  insure  a  careful  consideration  of  the  reasons 
for  voting  for  or  against  the  measure.  The  vote  of  each 
member  is  recorded,  and  he  is  thus  put  on  record,  so  that 
his  constituents  may  know  just  how  he  voted.  Although 
more  than  four  hundred  bills  have  been  vetoed  by  all  the 
presidents,  only  about  thirty  have  been  passed  over  the  veto. 

"  Executive  Neglect." — The  president  sometimes  permits 
a  bill  to  become  a  law  by  the  process  called  "executive 


THE  LEGISLATIVE  BRANCH  281 


neglect."  In  this  case,  he  neither  signs  the  bill  nor  vetoes  it 
in  the  regular  way.  If  the  bill  is  not  signed  or  vetoed  by  the 
president  within  ten  days  from  the  time  it  is  presented  to  him 
(Sundays  excepted),  it  becomes  a  law,  unless  congress,  by 
adjournment,  prevents  its  return.  About  five  hundred  bills 
have  become  laws  thus  far  in  our  history,  by  this  means. 
Most  of  them  are  measures  of  minor  importance. 

"  Pocket  Veto." — If  a  bill  which  has  been  passed  during 
the  last  ten  days  of  a  session  of  congress  is  objectionable  to  the 
president,  he  may  prevent  its  becoming  a  law  by  taking  no 
action  upon  it.  This  method  of  defeating  a  bill  is  called  a 
"pocket  veto."  From  this  form  of  veto  there  is  no  appeal, 
and  some  important  bills  have  been  defeated  by  this  means. 
If  the  next  con^re»  wishes  to  reconsider  a  matter  which  has 
been  vetoed  in  this  manner,  it  is  necessary  for  a  new  bill  to  be 
introduced,  and  it  must  then  take  the  regular  course  of  new 
legislation. 

Clause  J— Joint  Resolutions 

Every  order,  resolution,  or  role  to  ichieh  the  concurrence  of 
the  senate  and  house  of  representatives  may  be  necessary  (ex- 
cept on  a  question  of  adjournment)  shall  be  presented  to  the 
president  of  the  United  States;  and  before  the  same  shall  take 
effect,  shall  be  approved  by  him,  or  being  disapproved  by  him, 
shall  be  rcpassed  by  two  thirds  of  the  senate  and  house  of  repre- 
sentatives, according  to  the  rules  and  limitations  prescribed  in 
the  case  of  a  bill. 

Purpose. — This  clause  was  considered  necessary  in  order 
to  prevent  congress  from  passing  a  bill  to  which  the  president 
might  object,  and  which  it  was  certain  could  not  be  passed 
over  his  veto,  by  simply  changing  it  to  a  resolution.  An  order 
is  the  expressed  command  of  either  house.  Joint  resolutions 
are  considered  to  have  the  same  force  as  ordinary  bills,  and 


282  THE  NATION 

they  are  treated  in  the  same  manner.  Principles,  opinions, 
or  plans  of  congress,  not  intended  to  have  the  force  or  effect 
of  laws,  are  sometimes  embodied  in  concurrent  resolutions 
and  agreed  to  by  both  houses  without  being  submitted  to  the 
president. 

PART  VIII 

SECTION  VIII.    POWERS  OF  CONGRESS 
Clause  I — Taxation 

Congress  shall  have  power: 

To  lay  and  collect  taxes,  duties,  imposts,  and  excises,  to  pay 
the  debts  and  provide  for  the  common  defense  and  general 
welfare  of  the  United  States;  but  all  duties,  imposts,  and  ex- 
cises shall  be  uniform  throughout  the  United  States. 

Revolutionary  War  Debts. — Under  the  articles  of  confed- 
eration, there  was  no  national  treasury.  Congress  had  power 
to  recommend  that  money  be  raised  for  various  purposes, 
but  it  could  not  levy  or  collect  a  single  dollar.  At  the  close 
of  the  Revolution,  the  credit  of  the  United  States  was  worth- 
less, and  the  government  was  bankrupt.  It  could  not  raise 
the  money  to  pay  its  running  expenses,  and  a  heavy  debt  had 
been  contracted  on  account  of  the  war.  But  a  moral  obli- 
gation seemed  to  rest  upon  the  new  government  to  assume  the 
debts  contracted  by  the  several  states  on  account  of  the  war, 
and  this  was  done.  The  ablest  financiers  of  the  nation 
favored  the  plan,  and  it  was  a  wise  thing  to  do,  although  the 
debt  was  a  burden  upon  the  government. 

Taxes. — Taxes  are  authorized  by  the  constitution  to  be 
raised  for  three  purposes.  These  are  for  the  payment  of 
debts,  to  provide  for  the  common  defense,  and  to  promote 
the  general  welfare  of  the  people  of  the  United  States.  At 
present,  the  income  of  the  government  from  taxation  every 


THE  LEGISLATIVE  BRANCH  283 

year  is  enormous,  but  it  is  expended  judiciously,  and  the 
welfare  of  the  people  is  certainly  promoted  thereby. 

Direct  Taxes. — Taxes  are  classified  as  direct  and  indirect. 
By  a  clause  of  the  constitution  already  quoted,  direct  taxes 
must  be  apportioned  among  the  several  states  according  to 
their  population.  Direct  taxes,  when  so  levied,  are  collected 
by  the  states,  and  the  amount  is  then  paid  into  the  United 
States  treasury.  Direct  taxes,  as  a  means  of  raising  revenue 
for  the  support  of  the  general  government,  have  always  been 
unpopular  with  the  people,  and  this  method  has  not  been 
resorted  to,  except  in  case  of  urgent  necessity.  Whenever  a 
law  providing  for  the  raising  of  direct  taxes  has  been  passed 
by  congress,  a  stated  amount  is  named,  and  this  amount  is 
then  apportioned  among  the  states  according  to  the  popula- 
tion. 

A  War  Measure. — Direct  taxes  have  been  levied  always  as 
a  means  of  paying  war  expenses.  In  1798,  when  war  was 
imminent  with  France,  congress  asked  for  a  levy  of  two  mil- 
lions of  dollars  upon  the  states.  In  1813,  1815,  and  1816, 
direct  taxes  were  levied  to  help  in  defraying  the  expenses  of 
the  war  of  1812.  Ini86i,  congress,  for  the  fifth  time,  pro- 
vided for  the  levy  of  a  direct  tax.  This  time,  the  amount 
asked  for  was  twenty  millions  of  dollars,  and  the  territories, 
as  well  as  the  states  were  made  subject  to  the  provisions  of  the 
law.  As  the  South  was  then  in  arms  against  the  federal  gov- 
ernment, the  states  of  that  section  did  not  pay  their  share  of  the 
tax.  The  amount  collected  from  the  other  states,  on  account 
of  the  tax  of  1861,  was  refunded  to  them  by  order  of  the  fifty- 
first  congress. 

Indirect  Taxes. — In  times  of  peace,  the  general  govern- 
ment has  always  depended  upon  indirect  taxation  for  its 
support.  Only  once  in  our  history  has  the  government  been 


284  THE  NATION 

free  from  debt,  and  that  was  for  a  brief  period,  so  that  there 
has  nearly  always  been  some  money  raised  for  the  payment 
of  debts  and  interest  thereon,  in  addition  to  raising  enough 
for  current  expenses.  Duties,  imposts,  and  excises  are  indi- 
rect taxes.  They  are  levied  upon  certain  articles  imported 
into  the  country,  and  also  upon  articles,  usually  luxuries, 
manufactured  in  the  country.  Duties  are  taxes  levied  upon 
certain  imports,  and  imposts  and  excises,  upon  articles  of 
home  manufacture.  While  the  constitution  uses  the  terms 
imposts  and  excises,  congress  has  substituted  therefor  the 
more  comprehensive  term,  internal  revenue. 

Duties. — Duties  are  of  two  kinds — specific  and  ad  valorem. 
A  specific  duty  is  levied  upon  goods  without  regard  to  their 
value.  An  ad  valorem  duty  is  placed  upon  goods  according 
to  their  value  in  the  country  from  which  they  are  imported. 
The  latter  is  the  fairer  method,  and,  consequently,  it  has 
proved  to  be  more  popular  than  a  specific  duty. 

The  "  Tariff." — A  law  passed  by  congress  to  fix  the  rate  of 
duty  upon  articles  imported  into  the  United  States  is  called 
a  tariff.  The  word  "tariff"  is  a  corruption  of  "Tarifa,"  the 
name  of  the  southern  cape  of  Spain.  The  Moors,  during  the 
middle  ages,  held  this  cape,  and,  by  means  of  it,  they  were 
able  to  control  the  entrance  to  the  Mediterranean  sea.  The 
tribute  they  exacted  from  merchantmen  for  passing  through 
the  Strait  of  Gibraltar  without  molestation  was  called  a 
Tarifa  tax,  or  a  tariff.  As  a  tariff  is  for  the  raising  of  revenue, 
it  will  be  seen  that  such  a  measure  must  originate  in  the  house 
of  representatives.  Some  prominent  member  of  the  house 
introduces  a  tariff  bill,  and,  during  its  discussion,  as  well  as 
after  its  enactment  into  a  law,  it  is  called  by  the  name  of  the 
member  who  introduced  it.  The  present  tariff  law  is  known 
as  the  "  Payne- Aldrich  Tariff,"  from  its  chief  authors,  Repre- 


THE  LEGISLATIVE  BRANCH  285 

sentative  Payne,  of  Pennsylvania,  and  Senator  Aldrich,  of 
Rhode  Island. 

Kinds  of  Tariff. — The  tariff  has  always  been  a  subject  of 
much  dispute  among  the  people  of  the  United  States,  and, 
upon  it  political  parties  have  been  divided  all  through  our 
history.  In  political  discussions,  when  there  is  no  real  issue 
before  the  people,  campaign  orators  always  have  recourse 
to  the  tariff.  Two  theories  have  been  advocated — one  "A 
tariff  for  revenue  only,"  and  the  other,  "A  tariff  for  pro- 
tection." 

Protective  Tariff. — Those  who  advocate  a  protective  tariff 
favor  the  placing  of  the  tax  upon  that  class  of  imported  goods 
that  are  most  liable  to  be  brought  into  direct  competition 
with  articles  of  home  manufacture.  The  tariff  is  also  made  a 
means  of  fostering  infant  industries  in  this  country.  This 
form  of  taxation  has  been  in  force  ever  since  the  organization 
of  our  government,  although,  at  times,  many  of  the  people 
have  been  opposed  to  it,  and  it  has  been  the  cause  of  much 
bitkT  sectional  feeling,  on  more  than  one  occasion  in  our 
history. 

Tariff  for  Revenue. — The  advocates  of  this  form  of  taxa- 
tion on  imports  say  that  the  tariff  should  be  made  to  help  pay 
the  running  expenses  of  the  government,  but  that  there  is  no 
reason  why  manufactured  articles  should  receive  any  benefit 
from  the  tax.  They  would  have  the  tax  levied  at  a  uniform 
rate  upon  all  articles  imported,  regardless  of  the  effect  upon 
our  own  manufactures,  and  they  would  also  limit  the  amount 
of  money  so  raised  to  the  actual  needs  of  the  government. 
Many  of  our  people  have  favored  the  abolition  of  the  tariff 
altogether.  These  are  called  free  traders,  and  the  plan  they 
advocate  is  called  free  trade. 

Internal  Revenue. — All  forms  of  taxation  resorted  to  by 


286  THE  NATION 

the  general  government  for  the  raising  of  revenue  within  our 
own  borders,  comes  under  the  general  name  of  internal  rev- 
enue. Such  taxes  are  levied  upon  tobacco,  cigars,  spirituous 
and  malt  liquors,  and  many  other  articles,  greater  or  less  in 
number,  according  to  the  needs  of  the  government.  During 
the  Civil  War,  many  of  the  necessities  of  life  were  subject  to  an 
internal  revenue  tax.  Deeds,  mortgages,  bank  checks,  drafts, 
and  many  legal  and  commercial  documents  were  also  sub- 
ject to  a  stamp  tax  for  the  benefit  of  the  government.  The 
"Spanish- American"  war  increased  the  expenses  of  the  gov- 
ernment greatly,  and  it  was  found  necessary  to  increase  its  in- 
come rapidly.  This  was  done  almost  entirely  by  means  of  a 
stamp  tax  on  legal  and  commercial  documents,  patent  medi- 
cines, and  other  articles  that  could  easily  be  made  subject  to 
such  a  tax. 

Expenses  of  Government. — In  time  of  peace,  the  expenses 
of  our  government  are  enormous,  and  they  are  very  greatly 
increased  in  time  of  war.  It  now  costs  nearly  a  billion  dollars 
to  pay  the  running  expenses  of  the  government  for  a  single 
year,  and  this  amount  is  increasing  annually.  The  increase 
in  expenditure,  however,  does  not  seem  out  of  proportion  to 
our  growth  in  all  lines  of  national,  commercial,  and  material 
prosperity. 

Debts. — During  the  Civil  War,  the  sources  of  revenue  were 
increased  in  many  ways,  but,  in  spite  of  this,  the  government 
was  obliged  to  borrow  large  sums  of  money  to  carry  on  the 
war,  and,  at  its  close,  the  debt  of  the  nation  was  nearly  three 
billion  dollars.  A  great  part  of  this  has  been  paid,  but  the 
common  defense  and  the  general  welfare  demand  the  outlay 
of  large  sums  of  money  annually,  and  the  recent  war  with 
Spain  increased  the  indebtedness  of  the  United  States  several 
hundred  million  dollars. 


THE  LEGISLATIVE  BRANCH  287 


Clause  2 — Borrowing 

To  borrow  money  on  the  credit  of  the  United  States. 

Borrowing  Money. — Several  times  in  our  history,  our  gov- 
ernment has  been  obliged  to  borrow  money  on  its  credit.  At 
the  time  of  the  purchase  of  Louisiana,  in  1803,  there  was  not 
enough  money  in  the  treasury  to  pay  for  it.  Bonds  were 
issued  to  Napoleon,  and  this  was  equivalent  to  borrowing 
money,  for  the  entire  resources  of  the  government  were 
pledged  for  the  payment  of  the  bonds.  During  the  Civil  War, 
congress  was  obliged  to  borrow  heavily,  and  to  pay  a  high 
rate  of  interest.  The  credit  of  the  nation  was  never  better 
than  it  is  at  the  present  time,  and  it  is  a  significant  fact  that 
when  a  war  loan  was  made  necessary  on  account  of  the  trouble 
with  Spain,  three  per  cent,  bonds  of  the  United  States  were 
sold  at  a  premium,  when  issued. 


PART  IX 

Clause  J  —  To  Regulate  Commerce 
0  regulate  commerce  with  foreign  nations,  and  among  the 


states,  and  with  the  Indian  tribes. 

Commercial  Restrictions.  —  One  of  the  defects  of  the  old 
government  was  that  congress  had  no  power  to  legislate  in 
any  way  with  reference  to  commerce.  Restrictions  were 
placed  upon  the  commerce  of  neighboring  states  by  all  the 
states,  often  for  no  other  reason  than  to  gratify  envy  or  jeal- 
ousy, and  the  feelings  thus  engendered  often  made  adjoining 
states  as  hostile  as  though  war  had  been  declared  between 
them.  Members  of  the  constitutional  convention  attended 
that  meeting  with  the  feeling  that  they  must  protect  the  inter- 

its  of  their  respective  states,  no  matter  whether  their  acts 


288  THE  NATION 

were  for  the  common  good,  or  not.  Happily,  wise  counsel 
prevailed,  and  the  constitution  contains  nothing  sectional,  in 
language,  at  least.  It  will  be  remembered  that  the  first  step 
taken  for  the  revision  of  the  articles  of  confederation  was  the 
calling  of  a  convention  to  consider  arid  improve  the  commer- 
cial relations  among  the  states. 

Commerce. — The  foreign  commerce  of  the  United  States 
is  very  extensive,  and  it  is  rapidly  increasing.  By  this  clause 
of  the  constitution,  congress  is  given  the  power  to  regulate 
commerce  with  foreign  nations,  and  it  has  done  so  by  the 
enactment  of  many  important  laws.  Thousands  of  merchant 
vessels  and  more  than  a  million  persons  are  engaged  in  carry- 
ing the  imports  and  exports  of  the  United  States  annually. 
Nearly  every  seaport  of  any  importance  in  the  country,  and 
many  of  the  inland  cities  on  the  banks  of  our  navigable 
rivers,  are  ports  of  entry  for  the  reception  of  goods  sent  here 
from  other  countries  to  be  used  by  our  people. 

Interstate  Commerce. — In  order  that  there  may  be  uni- 
formity in  the  rules  governing  commerce  among  the  states, 
congress  has  passed  many  laws  relating  thereto.  The  years 
since  the  close  of  the  Civil  War  have  witnessed  a  wonderful 
development  of  the  resources  of  this  country,  and  the  trans- 
portation of  its  products  from  one  section  to  another  requires 
the  services  of  thousands  of  men,  and  the  outlay  of  many 
millions  of  dollars  in  railways,  canals,  steamboats,  and  other 
means  of  transit.  The  telephone  and  telegraph  are  important 
factors  in  the  commercial  world  of  to-day,  for,  by  their  aid, 
orders  for  goods  are  sent  with  the  speed  of  the  lightning  to 
our  great  centers  of  trade,  and,  from  these  points,  the  accu- 
mulated products  of  the  nation  are  distributed  to  the  home  of 
the  consumer  without  delay.  The  daily  paper  informs  the 
masses  about  the  prices  of  all  kinds  of  commodities,  and  the 


THE  LEGISLATIVE  BRANCH  289 

great  express  companies  play  an  important  part  in  the  work 
of  transportation. 

Interstate  Commerce  Commission. — The  rivalry  between 
transportation  companies  and  the  sharp  competition  among 
manufacturers  have  led  to  serious  evils  in  the  carrying  trade 
of  the  country.  Rebates,  discounts,  and  other  allowances 
made  to  those  who  had  large  quantities  of  goods  to  be  sent 
from  one  section  to  another,  as  well  as  to  merchants  who 
bought  large  stocks  for  the  retail  trade,  seemed  to  make  some 
form  of  legislation  necessary,  in  the  interest  of  small  shippers 
and  small  tradesmen.  On  February  4,  1887,  a  law  was 
passed  for  the  purpose  of  removing,  as  far  as  possible,  the 
evils  above  mentioned,  and  to  regulate  commerce  between  the 
states.  The  law  also  provided  for  the  formation  of  an  inter- 
state commerce  commission,  whose  duty  it  should  be  to  see 
to  the  enforcement  of  this  law.  As  afterwards  altered,  the 
commission  consists  of  seven  members,  appointed  by  the 
president  and  confirmed  by  the  senate.  The  chief  sessions 
of  the  commission  are  held  at  Washington,  but  much  of  its 
business  is  transacted  elsewhere.  The  term  of  office  of  mem- 
bers of  the  commission  is  seven  years,  and  the  salary  of 
each  member  is  ten  thousand  dollars  annually. 

The  Anti-Trust  Law. — For  the  purpose  of  affording  still 
greater  protection  against  gigantic  corporations,  whose  sole 
object  seemed  to  be  to  drive  out  of  business  all  competitors, 
a  law  was  passed  in  1890,  having  for  its  object  the  prevention 
of  trusts  and  monopolies.  This  law  makes  it  a  misdemeanor 
for  any  person,  company,  or  corporation  to  combine  with 
others  by  any  form  of  contract,  combination,  or  conspiracy, 
with  the  intent  of  placing  any  restriction  upon  commerce 
between  the  states.  Severe  penalties  are  attached  to  a  viola- 
tion of  this  law.  There  is  nothing  in  the  law  to  prevent  the 


THE  NATION 

formation  of  bona  fide  corporations  for  the  purpose  of  carry- 
ing on  any  line  of  business,  and  many  such  companies  are  in 
existence  in  this  country  now.  They  are  not  recognized  as 
trusts,  in  the  sense  in  which  that  term  was  used  at  the  time  of 
the  passage  of  this  law. 

Congress  does  not  assume  to  regulate  the  commerce  of  any 
state  carried  on  entirely  within  its  own  borders. 

Indian  Tribes. — Commerce  with  the  Indian  tribes  of  the 
nation  is  unimportant,  but  whatever  there  is,  is  under  the 
direction  of  congress.  The  government  assumes  the  protec- 
tion of  the  Indian  tribes  within  our  borders,  and  an  annual 
allowance  of  nearly  twenty  million  dollars  is  made  for  their 
support.  Many  Indians  have  renounced  their  tribal  rela- 
tions and  have  made  much  progress  towards  civilization.  The 
annual  allowance  made  by  congress  for  their  support  makes 
it  unnecessary  for  some  of  them  to  spend  their  energies  in 
working  for  a  living. 

Clause  4 — Naturalization  and,  Bankruptcy 

To  establish  an  uniform  rule  of  naturalization,  and  uniform 
laws  on  the  subject  of  bankruptcies  throughout  the  United  States. 

Naturalization. — Naturalization  is  the  process  by  which 
an  alien  becomes  a  citizen  of  the  United  States.  Under  the 
confederation,  each  state  had  its  own  laws  governing  natural- 
ization, and  there  was  no  uniformity  in  them  whatever.  When 
an  alien  had  become  a  citizen  of  one  state,  he  was  considered 
a  citizen  of  any  other  state  to  which  he  might  remove.  Sev- 
eral times  in  our  history,  territory  has  been  acquired  by 
purchase,  and  the  inhabitants  thereof  have  been  made  citi- 
zens collectively,  without  the  usual  form  of  naturalization. 
Twenty  or  more  naturalization  laws  have  been  passed  by 
congress,  and  the  present  law,  with  the  rulings  of  the  courts, 


THE  LEGISLATIVE  BRANCH  291 

is  considered  very  satisfactory.  The  time  of  residence  required 
of  an  alien,  before  he  can  become  a  citizen  of  the  United  States, 
has  varied  considerably.  In  1790,  it  was  fixed  at  two  years, 
but  this  was  increased  to  five  years,  in  1795,  and  to  fourteen 
years,  in  1798.  Since  1802,  the  residence  required  has  been 
five  years. 

Declaration  of  Intention. — As  soon  as  an  alien  lands  in  this 
country,  or  at  any  later  time,  he  may  go  before  any  court  of 
record,  having  common-law  jurisdiction  and  provided  with 
a  si-al,  and  declare  his  intention  to  become  a  citizen  of  the 
United  States.  This  is  called  a  declaration  of  intention,  or 
the  taking  out  of  the  first  papers  of  naturalization.  He  will 
:\i-n  a  certificate  stating  the  facts  in  the  case  as  they 
appear,  in  the  following  form: 

NATURALIZATION—DECLARATION  OF  INTENTION 

FIRST  PAPERS: 

UNITED  STATES  OF  AMERICA.     DEPARTMENT  OF  COMMERCE  AND 
1      OR.    BUREAU  OF  IMMIGRATION  AND  NATURALIZATION.    DIVISION 

\ATURALIZATION.      DECLARATION  OF  INTENTION. 
I  State  of  -  j  In  the  -      -  Court 

County  of  —        -  J  of  — 

I,  —  — ,  aged  —  —  years,  occupation ,  do  declare  on 

oath  that  my  personal  description  is:    Color  —     — ,  complexion , 

height feet inches,  other  visible  distinctive  marks . 

I  was  born  in  —  —  on  the  —  —  day  of  —  — ,  anno  Domini  19 — :  I 
now  reside  at  —  — .  I  immigrated  to  the  United  States  of  America 

from on  the  vessel  -       — ;    my  last  foreign  residence  was 

— .    It  is  my  bona  fide  intention  to  renounce  forever  all  allegiance 
and  fidelity  to  any  foreign  prince,  potentate,  state,  or  sovereignty  and 

particularly  to of  which  I  am  now  a  \  }  :  I  arrived  at 

I  subject  J 

(    state      } 

~.he  port  of  —       —  in  the   <  territory  >  of anno  Domini  19 — .    I 

(  district    ) 
Washington — 19 


292  THE  NATION 

am  not  an  anarchist.    I  am  not  a  polygamist  or  a  believer  in  the- practice 
of  polygamy;   and  it  is  my  intention  to  become  a  citizen  of  the  United 
States  of  America  and  to  permanently  reside  therein. 
.So  HELP  ME  GOD. 

Original  signature  of  declarant. 

Subscribed  and  |    Swom     I  to  before  me  this day  of , 

(  affirmed  ) 

anno  Domini,  19 — . 

j 
(SEAL.)  Clerk  of  the  -      -  Court, 

By  -  — ,  Clerk. 

Residence. — The  full  period  of  residence  required  of  aliens 
before  they  can  be  naturalized  is  five  years,  but  at  least  two 
years  must  elapse  between  the  declaration  of  intention  and 
the  completion  of  the  process  of  naturalization.  Thus,  if  an 
alien  lives  here  five  years  before  he.  declares  his  intention  to 
become  a  citizen,  he  must  continue  to  reside  here  two  years 
longer,  before  he  can  get  his  second  set  of  naturalization 
papers.  This  is  considered  necessary,  in  order  that  the  con- 
duct of  the  applicant  for  citizenship  may  be  observed,  and 
his  fitness  to  become  a  citizen  may  be  attested  by  those  with 
whom  he  associates. 

Oath  of  Alien. — At  the  time  of  taking  out  his  second  papers, 
the  alien  must  appear  before  a  court  of  record,  and  there 
renounce,  under  oath,  all  allegiance  to  every  foreign  power, 
and  especially  to  the  one  to  which  he  was  subject  before 
coming  to  the  United  States.  He  must  also  take  with  him  as 
witnesses  two  persons  to  testify  that  they  have  been  personally 
acquainted  with  him  for  the  preceding  year,  and  that  they 
believe  him  worthy  to  become  a  citizen  of  the  United  States. 
He  must  satisfy  the  judge  that  he  can  speak  English,  and  is  of 
good  moral  character.  The  form  of  the  oath  of  naturaliza- 
tion is  here  given,  and  that  of  the  certificate. 


THE  LEGISLATIVE  BRANCH  293 

NATURALIZATION 

SECOND  PAPERS. 

UNITED  STATES  OF  AMERICA.    STATE  OF  WASHINGTON.    IN  THE  Su-^ 
PERIOR  COURT  FOR  —      —  COUNTY. 

Present  —  — ,  Judge. 

In  the  matter  of  application  of  — 

an  alien 

To  become  a  Citizen  of  the  In  the  open  court  this  — 

United  States  of  America.  day  of  -     — ,  i — . 

I,  -  — ,  being  first  duly  swom,  depose  and  say  I  am  a  free 

white  man,  an  alien  born  in  -  — ,  and  an  applicant,  to  become  a 
citizen  of  the  United  States.  I  have  never  borne  any  hereditary  title 
nor  been  of  any  of  the  orders  of  nobility  in  the  kingdom  or  state  from 
which  I  came.  I  have  (i)  heretofore  made  declaration  under  oath  of 
my  intention  to  become  a  naturalized  citi/.m  <>f  the  United  States  (2), 
before  -  — ,  an  authorized  officer  to  take  such  declaration, 

in  the  county  of  -      — ,  state  of  -      — ,  of  the day  of  - 

191-.  I  have  resided  in  the  state  of  Washington  for  more  than  one 
year  last  past,  and  within  the  United  States  continuously  for  more  than 
five  years  last  past.  I  am  attached  to  the  principles  of  the  constitution 
of  the  United  States,  and  well  disposed  to  the  good  order  and  happi- 
ness of  the  same.  I  have  behaved  as  a  man  of  good  moral  character 
during  all  the  period  of  my  residence  within  the  United  States.  I  do  fur- 
ther declare  that,  at  the  time  of  my  admission  to  the  United  States, 
to-wit:  on  or  about  the day  of  -  — ,  19 — ,  I  was  not  one  of 


294  THE  NATION 

the  government  of  the  United  States,  'or  of  all  governments,  or  all  forms 
of  law.  I  did  not  then  believe  in  or  advocate  the  assassination  of  public 
officials.  I  was  not,  at  the  date  of  my  admission  to  the  United  States,  a 
person  who  had  been,  within  one  year  prior  thereto,  deported  as  being 
under  offers,  solicitations,  promises,  or  agreements  to  perform  labor  or 
services  of  some  kind  within  the  United  States. 

I  now  declare,  upon  my  oath,  that  I  do  not  disbelieve  in,  and  am  not 
opposed  to,  organized  government.  I  am  not  a  member  of,  or  affiliated 
with  any  organization  entertaining  or  teaching  disbelief  in,  or  opposi- 
tion to,  all  organized  government.  I  do  not  advocate  or  teach  the  duty, 
necessity,  or  propriety  of  the  unlawful  assaulting  of  any  officer  or  officers, 
either  of  specific  individuals,  or  of  officers  generally,  of  the  government 
of  the  United  States,  or  of  any  other  organized  government,  because  of 
his,  or  their,  official  capacity. 

I  do  now  hereby  declare,  upon  my  oath,  that  I  absolutely  and  entirely 
renounce  and  abjure  all  allegiance  and  fidelity  to  every  foreign  prince, 
potentate,  state,  or  sovereignty  whatsoever,  that  I  will  support  the 
constitution  of  the  United  States  of  America,  and  bear  true  faith  and 
allegiance  to  the  government  thereof. 

Subscribed  and  sworn  to  before  me  by  the 
applicant  this  —      —  day  of ,  i . 

Clerk 

'  ^ 
,  Deputy. 

ORDER  OF  THE  COURT 

Now,  therefore,  it  appearing  that  the  applicant  has,  in  all  things,  com- 
plied with  and  observed  the  laws  regulating  the  naturalization  of  aliens, 
it  is  by  the  court,  ADJUDGED,  ORDERED,  and  DECREED  that  the  said  ap- 
plicant be,  and  he  is  hereby  admitted  and  declared  to  be  A  Citizen  of  the 
United  States  of  America. 

,  Judge. 

Exceptions. — There  are  some  exceptions  to  the  general 
naturalization  law.  An  alien  who  has  served  one  year  in  the 
army  or  navy  of  the  United  States,  and  been  honorably  dis- 
charged, may  become  a  citizen  at  once,  by  taking  the  oath  of 


THE  LEGISLATIVE  BRANCH  295 


|   allegiance.    An  alien  woman  becomes  a  citizen  by  marriage 

I   with  a  citizen.    If  an  alien  who  had  declared  his  intention 

to  become  a  citizen  dies,  his  widow  may  complete  the  process 

of  naturalization  for  the  benefit  of  herself  and  minor  children. 

Minors. — Minor  children  are  naturalized  by  the  act  of  the 
father.  Aliens  who  came  to  this  country  before  they  were 
eighteen  years  of  age  may  declare  their  intention  and  take 
out  full  naturalization  papers  at  the  same  time,  provided  they 
have  lived  here  five  years,  and  are  at  least  twenty-one  years 
old  at  the  time  of  making  application  for  their  papers  of 
naturalization. 

Races. — Prior  to  1870,  the  right  to  become  a  naturalized 
citi/en  of  the  United  States  was  extended  only  to  white  per- 
sons. Later,  a  law  was  passed  giving  the  right  to  negroes  from 
Africa.  The  naturalization  of  persons  of  the  yellow  race, 
including  the  Chinese,  Japanese,  and  others,  is  not  permitted. 
The  status  of  the  American  Indians  is  peculiar.  Although 
they  are  born  in  the  United  States  they  are  not  regarded  as 
citizens  until  they  "  have  renounced  their  tribal  relations,  and 
have  donned  the  habiliments  of  civilization." 

Expatriation. — Closely  associated  with  naturalization  is  the 
act  of  expatriation.  By  this  is  meant  the  renouncing  of  alle- 
giance to  the  country  of  one's  birth.  "  Once  an  Englishman, 
always  an  Englishman,"  was  the  claim  of  Great  Britain  for 
centuries,  openly  asserted  and  maintained  by  force  of  arms. 
This  claim  was  one  of  the  main  causes  of  the  war  of  1812, 
for  American  seamen  were  impressed  into  the  English  navy 
if  it  could  be  shown,  or  alleged,  that  the  persons  seized  were 
of  English  nativity.  The  United  States  has  always  asserted 
that  any  one  may  renounce  his  country  as  a  personal  right, 
and  nearly  all  civilized  nations,  including  England,  now 

:ognize  this  principle. 


296  THE  NATION 

Bankruptcy  Laws. — The  justice  of  bankruptcy  laws  has 
always  been  questioned  by  able  jurists.  Under  the  confeder- 
ation, the  states  passed  bankruptcy  laws,  and  there  was  no. 
uniformity  in  their  provisions.  The  term  "bankrupt"  is  said 
to  mean  "bench-broken,"  for  when  a  Florentine  merchant 
refused,  or  was  unable,  to  pay  his  debts,  his  neighbors  rushed 
upon  him,  broke  his  bench,  or  counter,  and  drove  him  out  of 
the  market  place.  Now,  a  person  who  is  unable  to  pay  his 
debts  is  considered  a  bankrupt,  and  congress  has,  on  four 
different  occasions,  passed  laws  for  the  relief  of  this  class  of 
persons.  These  laws  were  enacted  in  1800,  1840,  1867,  and 
1898.  These  laws  have  covered  a  period  of  more  than  twenty- 
five  years  of  our  history,  and  the  last  one  is  still  in  force. 
Bankrupts  are  of  two  kinds — voluntary  and  involuntary. 
The  former  is  one  who  takes  advantage  of  the  provisions  of 
the  law  by  turning  over  his  property  to  the  courts  for  the  bene- 
fit of  his  creditors.  The  latter  is  one  who  is  forced,  by  his 
creditors,  to  make  a  legal  settlement  with  them. 

Effect. — A  bankruptcy  law  gives  the  debtor  the  right  to 
appear  in  court,  and,  under  oath,  to  certify  to  all  the  property 
belonging  to  him  which  is  not  exempt  by  law  from  attach- 
ment for  debt.  By  turning  over  this  property  to  the  court  for 
the  benefit  of  his  creditors,  the  proceeds  will  be  divided 
among  them  proportionately,  and  the  entire  debt  will  be  thus 
canceled. 

PART  X 

Clause  5 — Coinage  and  Measures 

To  coin  money,  regulate  the  value  thereof,  and  of  foreign 
coin,  and  fix  the  standard  of  weights  and  measures. 

Coinage. — The  right  to  coin  money  belongs  primarily  with 
the  nation,  and  not  with  the  state.  Under  the  power  conferred 


THE  LEGISLATIVE  BRANCH 


297 


upon  congress  by  the  first  part  of  this  clause,  laws  relating  to 
the  coinage  of  money  have  been  passed,  and  mints  owned  and 
operated  by  the  general  government  have  been  established. 

United  States  Mints. — The  main  mint  of  the  United 
States  is  at  Philadelphia,  and  it  was  established  in  1791. 
There  are  also  United 
States  mints  at  New 
Orleans,  San  Fran- 
cisco, Carson  City, 
and  Denver.  Each  of 
these  mints,  except 
the  one  at  Philadel- 
phia, has  a  mint 
mark,  which  is  placed 
on  the  reverse  side  of 
all  the  principal  coins. 
"O 'Ms  the  mint  mark 
for  New  Orleans,  "S  " 
for  San  Francisco, 
"CC"  for  Carson 
City,  and  "D"  for 
Denver. 

Coins.  —  Gold,  sil-  1°  the  Mint  at  Philadelphia 

ver,  nickel,  and  bronze  are  now  coined  into  money  by  the 
authority  of  congress.  The  gold  coins  are  the  double  eagle, 
ea^le,  half  eagle,  and  quarter  eagle.  The  silver  coins  are  the 
dollar,  half  dollar,  quarter  dollar,  and  dime.  Other  silver 
coins  that  were  formerly  made  are  the  trade  dollar,  the 
twenty  cent  piece,  and  the  half  dime.  The  baser  coins  are 
the  five  cent  and  the  one  cent  piece.  A  nickel  three  cent 
piece  and  a  copper  two  cent  piece  were  formerly  coined,  and 
some  of  these  are  still  in  circulation, 


298  THE  NATION 

Legal  Tender. — Legal  tender  money  is  such  as  must  be 
accepted  by  creditors  if  offered  for  the  payment  of  debts. 
Gold  coins  and  silver  dollars  are  legal  tender  for  the  payment 
of  debts  in  unlimited  amounts,  but  all  other  silver  coins,  except 
half  dimes  and  three  cent  pieces,  are  limited  to  ten  dollars  as 
a  legal  tender.  Silver  half  dimes,  three  cent  pieces,  bronze 
and  copper  coins  are  legal  tenders  in  sums  not  exceeding 
twenty-five  cents. 

Free  Coinage. — A  private  citizen  may  have  gold  bullion 
coined  into  money  at  the  United  States  mint  without  expense. 
This  is  called  free  coinage.  Up  till  1873  there  was  also  free 
coinage  of  silver. 

Value  of  Coins. — The  power  of  congress  to  regulate  the 
value  of  coins  is  an  important  one.  At  present,  the  gold 
dollar,  as  a  unit  of  value,  contains  twenty-five  and  eight  tenths 
grains  of  gold,  nine  tenths  fine.  The  silver  dollar  contains 
four  hundred  twelve  and  one  half  grains  of  silver,  nine  tenths 
fine.  The  other  tenth,  in  each  case,  consists  of  a  base  metal 
added  to  give  hardness  to  the  coin.  The  metal  in  a  silver 
dollar  is  now  worth  less  than  a  dollar  as  bullion,  but  the 
government  causes  it  to  pass  at  its  face  value,  by  accepting 
it  at  face  value  in  payment  of  debts  due  the  government. 
Congress  no  longer  regulates  the  value  of  foreign  coins,  as 
the  number  circulated  in  this  country  is  now  very  small. 

Weights  and  Measures. — Under  the  constitution,  congress 
is  given  the  power  to  establish  a  uniform  system  of  weights 
and  measures,  but  it  has  never  fully  exercised  this  power. 
The  system  of  weights  and  measures  in  common  use  in  this 
country  is  a  complex  one,  based  upon  the  English  standards. 
The  metric  system  of  weights  and  measures,  now  in  general 
use  in  most  foreign  countries,  is  very  simple,  and  it  has  been 
recommended  by  congress  for  general  use  in  this  country,  but 


THE  LEGISLATIVE  BRANCH  299 

the  recommendation  has  had  but  little  force.  Some  of  the 
leading  colleges  of  the  country  have  adopted  the  metric  sys- 
tem for  use  in  laboratory  work,  and  the  postal  service  with 
foreign  countries  employs  this  system  in  the  exchange  of  mails. 

Clause  6 — Counterfeiting 

To  provide  for  the  punishment  of  counterfeiting  the  securities 
and  current  coin  of  the  United  States. 

Counterfeiting. — During  the  Revolution,  congress  was 
obliged  to  issue  large  sums  of  paper  money,  and,  with  the 
poor  facilities  for  engraving  and  printing  it,  the  work  was 
not  well  done,  and  was  easily  imitated.  To  make  the  mat- 
ter worse,  and  perhaps  with  the  thought  of  entirely  ruining 
the  credit  of  the  United  States,  large  sums  of  counterfeit 
money  were  printed  in  England  and  sent  over  here  to  be 
given  away,  cr  used  in  exchange  for  American  manufactures 
and  other  products.  For  this  and  other  reasons,  the  money 
of  the  government  became  worthless,  and  its  credit  was  well- 
nigh  ruined. 

Counterfeiting  Paper  Money. — Of  late  years,  the  art  of 
the  engraver  has  made  it  very  difficult  to  imitate  our  paper 
money,  and  congress  has  made  the  penalty  for  counterfeit- 
ing very  severe.  The  crime  of  counterfeiting  is  a  felony,  and 
the  penalty,  as  fixed  by  law,  is  printed  on  the  back  of  green- 
backs and  national  bank  notes.  On  greenbacks,  it  is  as 
follows: 

"  Counterfeiting  or  altering  this  note,  or  passing  any  coun- 
terfeit or  alteration  of  it,  or  having  in  possession  any  false  or 
counterfeit  plate  or  impression  of  it,  or  any  paper  made  in 
imitation  of  the  paper  on  which  it  is  printed,  is  felony,  and  is 
punishable  by  five  thousand  ($5,000)  dollars  fine,  or  fifteen 
(ij)  years'  imprisonment  at  hard  labor,  or  both." 


300  THE  NATION 

National  bank  notes  contain  the  following  statement: 

"  Every  person  making  or  engraving,  or  aiding  to  make  or 
engrave,  passing,  or  attempting  to  pass  any  imitation  or  alter- 
ation of  this  note,  and  every  person  having  in  possession  a 
plate  or  impression  made  in  imitation  of  it,  or  any  paper 
made  in  imitation  of  that  on  which  this  note  is  printed,  is  by 
act  of  congress  approved  June  3,  1864,  guilty  of  felony,  and 
subject  to  a  fine  not  exceeding  one  thousand  dollars  ($1,000), 
or  imprisonment  not  exceeding  fifteen  (15)  years,  or  both." 

Counterfeiting  Coins. — The  penalty  for  counterfeiting  the 
coins  of  the  United  States  is  also  very  severe.  Officers  of  the 
government  are  employed  to  detect  counterfeit  money  of  any 
kind,  and,  if  possible,  to  arrest  the  criminals  engaged  in  its 
manufacture  or  use.  As  the  metal  in  a  silver  dollar  is  now 
worth  less  than  half  the  value  of  the  coin  itself,  counterfeiters 
are  no  doubt  tempted  to  put  into  circulation  silver  dollars  of 
the  same  purity  as  those  made  at  the  mints,  for  the  profit 
that  now  accrues  to  the  government. 

Paper  Money. — It  is  safe  to  say  that  there  is  now  almost 
no  counterfeit  paper  money  in  circulation  in  the  United  States. 
So  certain  do  we  feel  that  all  the  paper  money  in  use  is  genu- 
ine, that  we  seldom  examine  it  carefully.  The  kinds  of  paper 
money  now  in  use  are  greenbacks,  national  bank  notes,  silver 
certificates,  gold  certificates,  and  treasury  notes.  The  right 
of  congress  to  issue  paper  money  has  been  questioned,  but 
the  supreme  court  has  decided  that  it  has  this  right.  Paper 
money  is  more  convenient  to  use  than  coin,  especially  in  large 
amounts,  and,  while  the  United  States  is  known  as  a  gold 
standard  nation,  the  people  would  not  consent  to  have  con- 
gress retire  the  paper  money  from  circulation. 

Promises. — It  should  be  clearly  understood,  of  course,  that 
the  paper  currency  is  not  really  money,  but  merely  an  evi- 


THE  LEGISLATIVE  BRANCH  301 

dence  of  indebtedness.  The  different  kinds  of  paper  money 
may  be  distinguished  in  the  following  ways: 

National  Bank  Bills.— "The  first  national  bank  of  Seattle, 
Washington,  will  pay  to  the  bearer  on  demand  -  -  dol- 
lars." National  bank  notes  are  signed  by  the  president  and 
cashier  of  the  bank  of  issue  before  they  are  put  in  circula- 
tion. 

Greenbacks. — "The  United   States  will   pay  the  bearer 

-  dollars." 

Silver  Certificates.— "  This  certifies  that  there  have  been 
deposited  in  the  Treasury  of  the  United  States  of  America, 

-  silver  dollars,  payable  to  the  bearer  on  demand." 


Gold   Certificates.— "This  certifies  that   there  have  been 

deposited  in  the  Treasury  of  the  United  States  of  America, 

—  dollars  in  gold  coin,  payable  to  the  bearer  on  demand." 

Treasury  Notes. — "The  United  States  of  America  will  pay 
the  bearer  -  -  dollars  in  coin." 

Clause  7— Post  Offices 

To  establish  post  offices  and  post  roads. 

Postal  System. — The  postal  system  of  the  United  States 
originated  with  Benjamin  Franklin,  At  the  organization  of 
the  government,  in  1799,  there  were  only  seventy-five  post 
offices,  but  now  there  are  more  than  sixty  thousand.  All  the 
people  are  brought  into  direct  contact  with  this  branch  of  the 
public  service,  and  in  no  other  way  has  the  government  done 
so  much  "to  promote  the  general  welfare." 

Rate  of  Postage. — Before  1851,  the  rate  of  postage  was 
very  high,  and  it  varied  according  to  the  distance  the  letters 
were  carried.  If  the  distance  was  less  than  thirty  miles,  the 
postage  for  a  letter  was  six  cents;  more  than  thirty,  and  less 
than  eighty  miles,  ten  cents;  and  over  four  hundred  miles, 


302  THE  NATION 

twenty-five  cents.  The  charge  now  is  very  small,  and  it  is 
uniform  throughout  the  United  States,  without  regard  to 
distance.  The  rate  of  letter  postage  is  two  cents  an  ounce,  or 
fraction  thereof.  Circulars  and  other  printed  matter,  books, 
merchandise,  money,  and  many  other  things,  are  sent  to  all 
parts  of  the  country  by  mail  at  small  charges,  and  yet  the 
receipts  of  the  postal  department  make  it  almost  self^ 
supporting.  Letters  and  postal  cards,  even  at  the  low  rate  of 
postage  now  charged,  are  carried  at  a  profit,  newspapers  and 
other  periodicals  at  a  small  loss,  and  it  is  claimed  that  the 
franking  privilege  extended  to  congressmen  and  the  heads 
of  departments  at  Washington  is  largely  responsible  for  def- 
icits in  the  postal  department.  Hundreds  of  tons  of  public 
documents  are  sent  free  from  Washington  annually,  and  the 
government  pays  transportation  charges  on  all  this  matter. 

International  Postal  Union. — The  United  States  is  a  mem- 
ber of  the  international  postal  union,  and,  by  means  of  this, 
letters  may  be  sent  to  any  foreign  country  belonging  to  this 
union,  at  the  rate  of  five  cents  for  the  first  ounce,  or  fraction 
thereof,  and  three  cents  for  each  additional  ounce,  or  frac- 
tion thereof.  To  some  foreign  countries,  as  Canada,  Mexico, 
and  Great  Britain,  the  rate  is  only  two  cents.  Money  may 
be  sent  to  all  parts  of  the  United  States  by  means  of  postal 
orders,  which  may  be  purchased  at  all  the  important  post 
offices  in  the  United  States.  International  money  orders 
are  also  used  to  send  money  abroad. 

Classification. — Post  offices  are  divided  into  four  classes 
according  to  the  amount  of  business  transacted.  The  first 
three  classes  of  post  offices  are  often  called  presidential 
offices,  because  the  postmasters  in  all  of  them  are  appointed 
by  the  president  and  confirmed  by  the  senate.  They  receive 
fixed  salaries.  Postmasters  of  the  fourth  class  receive 


THE  LEGISLATIVE  BRANCH  303 

salaries  which  vary  according  to  the  amount  of  business  trans- 
acted. They  are  appointed  by  the  postmaster-general. 

Post  Roads. — Post  roads  are  roads  designated  by  the  govern- 
ment over  which  the  mails  are  carried.  They  consist  of  rail- 
roads, steamboat  routes,  and  wagon  roads.  These  post  roads 
are  not  special  routes  constructed  at  government  expense, 
but  any  route  over  which  mail  is  carried  is  called  a  post  road. 
In  some  mountainous  sections  of  the  country,  the  govern- 
ment has  expended  large  sums  of  money  in  the  construction 
of  post  roads. 

Post  Offices. — In  nearly  all  the  large  cities  of  the  country, 
the  buildings  occupied  as  post  offices  have  been  erected  by  the 
government,  often  at  great  expense.  These  buildings  are  so 
planned  as  to  enable  the  postal  authorities  to  receive  and  dis- 
tribute the  mail  with  great  rapidity.  In  the  smaller  cities  of 
the  country,  the  government  rents  the  buildings  used  as  post 
offices.  Postmasters  in  the  small  offices  of  the  country  are 
obliged  to  provide  offices  at  their  own  expense,  and  there  is 
no  allowance  made  them  for  incidental  expenses. 

Dead  Letter  Office. — In  the  city  of  Washington,  the  post 
office  building  is  a  magnificent  structure,  erected  at  a  cost  of 
more  than  three  million  dollars.  This  building  is  devoted  to 
the  uses  of  the  Washington  city  post  office  and  the  general 
postal  department  of  the  nation.  One  of  its  bureaus  is 
known  as  the  dead  letter  office,  and  to  this  bureau  is  sent 
every  parcel  of  mail  that  cannot,  for  any  reason,  be  delivered 
to  the  addressee  or  returned  to  the  sender.  Post  offices  from 
all  over  the  country  contribute  something  to  this  office,  and 
it  is  estimated  that  more  than  seven  million  pieces  of  lost 
mail  find  their  way  to  the  dead  letter  office  annually.  Many 
of  the  letters  examined  are  returned  to  the  writer,  but  ar- 
ticles of  value  which  cannot  be  restored  to  their  owners  are 


304  THE  NATION 

kept  for  a  period  of  six  months,  and  then  sold  at  auction,  the 
money  which  is  received  therefor  being  paid  into  the  United 
States  treasury. 

PART  XI 

Clause  8— Copyrights  and  Patents 

To  promote  the  progress  of  science  and  useful  arts,  by  securing 
for  limited  times  to  authors  and  inventors  the  exclusive  right  to 
their  respective  writings  and  discoveries. 

Patents. — A  patent  is  a  certificate  issued  by  the  authority 
of  the  government  to  the  inventor  of  any  useful  article,  or  to 
the  discoverer  of  any  useful  process,  by  means  of  which  he  is 
given  the  exclusive  right,  for  seventeen  years,  to  manufacture 
and  sell  his  production  or  discovery  within  the  United  States. 
Models  of  many  of  the  articles  patented  in  this  country  are 
kept  in  the  patent  office  at  Washington.  The  work  of  the 
patent  office  is  under  the  supervision  of  the  department  of 
the  interior,  and  the  business  of  issuing  patents  is  so  con- 
ducted as  to  be  more  than  self-supporting.  The  government 
has  issued  more  than  nine  hundred  thousand  patents  since  its 
organization. 

Expense. — An  applicant  for  a  patent  must  send  a  fee  of 
fifteen  dollars  with  his  application,  and  also,  if  required,  a 
model  of  the  article  upon  which  he  seeks  to  obtain  the  patent. 
This  fee  is  required  by  the  government  as  pay  for  having  its 
officials  make  the  necessary  search  among  the  records  in  the 
patent  office  to  see  whether  a  similar  article  is  already  under 
patent,  and  the  money  will  not  be  returned,  even  should  a 
patent  not  be  granted.  The  records  of  all  patented  articles 
are  preserved  by  the  government,  and  filed  in  a  systematic 
way,  so  that  they  may  be  examined  at  any  time.  If  a  patent 
is  issued,  an  additional  fee  of  twenty  dollars  must  be  paid. 


THE  LEGISLATIVE  BRANCH  305 


As  a  rule,  persons  who  wish  to  obtain  letters  patent  upon  any 
article  find  it  well  to  employ  the  services  of  an  attorney  to  see 
that  the  work  is  done  as  expeditiously  as  possible.  Some  law 
firms  at  Washington  give  their  entire  time  and  attention  to 
this  work.  The  persons  employing  legal  assistance  in 
securing  a  patent  must  bear  the  expense  of  such  service,  in 
addition  to  the  government  charge,  so  that  it  usually  costs 
about  a  hundred  dollars  to  secure  a  patent. 

Copyright. — A  copyright  is  a  privilege  granted  to  authors 
and  designers,  and  it  is  intended  to  secure  to  them  the  ex- 
clusive right  to  publish  their  productions  for  a  limited  time. 
An  author  wishing  to  copyright  a  book,  chart,  map,  dramatic 
or  musical  composition,  or  other  similar  article,  may  do  so 
by  publishing  it  with  due  notice  of  the  copyright,  as  follows: 

"Copyright,  19 — ,  by ."  This  notice,  in  the  case  of 

a  book,  must  be  placed  on  the  title-page  or  the  following 
page. 

Cost. — Promptly  after  such  publication,  two  copies  of  the 
article  copyrii^htrd  must  be  sent  to  the  register  of  copyrights, 
at  Washington,  D.  C.,  together  with  a  fee  of  one  dollar  for 
the  registration  of  the  copyrighted  work  and  for  a  certificate 
of  registration.  Copyrights  are  not  so  carefully  protected  as 
patents,  and  no  search  is  made  to  see  whether  a  similar 
article  has  been  copyrighted  or  not.  In  case  of  dispute  as  to 
authorship,  an  appeal  to  the  courts  must  be  made,  and  the 
date  of  filing  the  article  with  the  register  of  copyrights,  as 
shown  by  the  certificate  of  registration,  may  help  to  deter- 
mine which  claimant  is  the  rightful  owner.  Patents  and 
copyrights  may  be  bought  and  sold,  but  notice  of  the  transfer 
of  either  must  be  filed  with  the  proper  authorities  at  Wash- 
ington. 

Duration. — A  copyright  secures  protection  to  the  author 


306  THE  NATION 

for  twenty-eight  years,  and,  if  application  is  made  for  a  re- 
newal within  one  year  before  the  term  of  the  copyright 
expires,  it  may  be  reissued  for  another  period  of  twenty-eight 
years.  The  application  for  a  renewal  of  a  copyright  must  be 
made  by  the  author  himself,  or  by  his  widow,  children, 
executors,  or  next  of  kin. 

Clause  9 — United  States  Courts 

To  constitute  tribunals  inferior  to  the  supreme  court. 

Judicial  Department. — This  clause  is  an  important  one, 
and  congress,  exercising  the  authority  granted  by  it,  has  es- 
tablished several  important  courts.  Owing  to  the  relation  of 
the  inferior  courts  of  the  United  States  to  the  supreme  court, 
the  whole  subject  of  the  judiciary  will  be  discussed  as  the 
judicial  branch  of  the  government,  in  a  later  chapter. 

Clause  IO — Crimes  at  Sea 

To  define  and  punish  piracies  and  felonies  committed  on  the 
high  seas,  and  offenses  against  the  law  of  nations. 

Piracy. — Piracy  is  robbery  committed  on  the  high  seas,  and 
it  is  made  a  felony  by  act  of  congress,  as  well  as  by  the  law  of 
nations.  Congress  has  passed  stringent  laws  for  the  punish- 
ment of  piracy,  and,  as  other  civilized  nations  have  taken  sim- 
ilar action,  this  crime  is  now  of  rare  occurrence.  By  special 
act  of  congress,  the  slave  trade  was  made  a  form  of  piracy, 
early  in  the  nineteenth  century,  and  the  penalty  affixed  for 
violation  of  the  law  was  death. 

Low  Water  Mark. — The  jurisdiction  of  a  state  bordering 
on  the  ocean  extends  to  one  marine  league  beyond  low  water 
mark,  and  the  nation  has  control  of  oceanic  waters  for  the 
same  distance  in  the  interests  of  commerce.  The  nation  also 
has  control  of  the  gulfs  and  bays  that  indent  its  coast.  By  low 


THE  LEGISLATIVE  BRANCH  307 

water  mark  is  meant  the  line  of  the  shore  which  marks  the 
limit  of  the  ocean  at  low  tide. 

Citizens. — The  offenses  against  the  law  of  nations  here 
referred  to  apply  only  to  citizens  of  the  United  States,  as  con- 
gress has  no  power  to  legislate  for  other  nations.  Each  nation 
iV  n. sponsible  to  every  other  nation  for  the  acts  of  its  citizens. 
The  United  States  has  been  called  upon  to  make  reparation 
for  injuries  done  to  citizens  of  other  countries,  and  the  power 
of  our  government  is  often  invoked  to  protect  the  rights  of  our 
citi/ens  in  foreign  lands.  With  the  advancement  of  civiliza- 
tion the  right  of  every  nation  to  be  secure  in  its  property 
interests,  on  sea  and  land,  is  being  recognized  by  all. 

Clause  II — Declaration  of  War 

To  declare  war,  grant  letters  of  marque  and  reprisal,  and 
make  rules  concerning  captures  on  land  and  water. 

War. — One  of  the  sovereign  powers  of  a  nation  is  that  of 
declaring  war.  The  United  States  has  been  engaged  in  four 
important  wars  with  foreign  nations,  and  in  a  great  civil  war, 
as  well  as  in  several  wars  with  the  Indian  tribes  within  our 
borders.  A  declaration  of  war  is  a  very  important  step  for  any 
nation  to  take.  It  is  a  formal  declaration  to  the  world  that 
war  is  about  to  begin,  or  has  begun,  and  war  is  always  terrible. 
In  recent  years,  the  invention  of  rapid  fire  guns,  smokeless 
powder,  and  other  agencies  for  the  destruction  of  life  in  battle 
makes  the  thought  of  war  a  fearful  thing  to  contemplate. 
Peace  congresses  and  other  forces  are  at  work,  hastening  the 
day  "When  nation  shall  not  lift  up  sword  against  nation, 
neither  shall  they  learn  war  any  more." 

Treaty  of  Peace. — When  congress  has  declared  war  against 
a  nation,  a  treaty  of  peace  is  necessary  in  order  to  terminate 
the  war.  A  treaty  of  peace  is  usually  agreed  to  by  corn- 
Washington — 20 


308  THE  NATION 

missioners  appointed  for  that  purpose,  but  the  terms  of  the 
treaty  must  be  ratified  by  the  president  and  senate.  A  two- 
thirds  vote  of  the  number  of  senators  present,  when  a  treaty 
is  under  consideration,  is  necessary  for  the  ratification  of  a 
treaty. 

National  Wrongs. — Sometimes  a  nation  neglects  or  refuses 
to  make  reparation  for  the  wrongs  done  to  another  nation,  or 
to  its  citizens.  In  that  case,  the  injured  nation  may  issue  a 
license  to  its  citizens,  authorizing  them  to  seize  the  prop- 
erty of  the  offending  nation  on  the  high  seas,  and  to  hold  it 
subject  to  the  law  of  nations  governing  such  cases.  This  plan 
was  often  resorted  to  in  the  wars  of  former  times  for  the 
purpose  of  destroying  the  commerce  of  an  enemy.  The 
seizure  of  property  in  this  manner  is  not  considered  piracy, 
or  in  any  sense  criminal;  but  modern  nations  have  abandoned 
the  practice. 

Marque  and  Reprisal. — The  license  to  make  the  seizure 
referred  to  above  is  called  a  letter  of  marque  and  reprisal. 
Citizens  armed  with  such  letters  are,  if  captured,  entitled  to 
proper  treatment  according  to  the  law  of  nations,  and  they 
cannot  be  punished  for  piracy.  The  first  important  act  of 
President  Davis,  of  the  Confederate  States,  in  the  Civil  War, 
was  a  proclamation  offering  to  grant  letters  of  marque  and 
reprisal  to  any  persons  who  might  desire  to  help  in  the  over- 
throw of  "the  wanton  and  wicked  aggression"  by  the  presi- 
dent of  the  United  States  to  coerce  the  Confederate  States. 
To  this  proclamation,  President  Lincoln  responded  by  declar- 
ing the  Confederate  ports  in  a  state  of  blockade. 

Prize  Courts. — The  United  States,  in  time  of  war,  desig- 
nates certain  ports  into  which  prizes  may  be  taken  by  persons 
acting  under  letters  of  marque  and  reprisal.  At  these  ports, 
prize  courts,  or  courts  of  admiralty,  as  they  are  often  called, 


THE  LEGISLATIVE  BRANCH  309 

are  established,  and,  if  it  is  found  by  them  that  the  seizure  has 
been  properly  made,  the  property  is  sold,  and  the  money  is 
divided  among  the  officers  and  crew  in  a  manner  prescribed 
by  law. 

PART  XII 

Clause  12 — Maintenance  of  Armies 

To  raise  and  support  armies,  but  no  appropriation  of  money 
to  t}iat  use  shall  be  for  a  longer  term  than  two  years. 

Armies. — The  power  to  declare  war  would  have  little  force, 
if  it  were  not  accompanied  by  the  right  to  raise  and  equip 
armies.  The  members  of  the  constitutional  convention  were 
divided  in  opinion  concerning  the  power  of  congress  to  raise 
armies,  and  the  people  also,  when  called  upon  to  ratify  the 
constitution,  were  found  to  be  much  opposed  to  this  part  of 
the  document. 

Appropriations. — As  a  safeguard  to  the  people,  it  is  pro- 
vided that  an  appropriation  for  the  support  of  the  army  of  the 
United  States  shall  not  he  made  for  a  longer  period  than  two 
years.  By  this  means,  if  a  war  proves  unpopular,  representa- 
tives favoring  the  wishes  of  the  people  could  be  elected,  and 
the  war  could  be  terminated  through  lack  of  support  of  the 
army. 

Standing  Army. — It  has  been  the  policy  of  the  United 
States  to  maintain  a  small  army.  There  are  now  about  one 
hundred  thousand  men  in  the  military  service  of  the  gov- 
ernment, but  just  prior  to  the  breaking  out  of  the  Spanish  - 
American  war,  in  1898,  the  army  consisted  of  about  one  fourth 
of  the  present  number.  The  condition  of  our  army,  even  now, 
is  vastly  different  from  that  of  any  of  the  leading  countries  of 
Europe.  There,  each  country  is  obliged  to  support  a  large 
army  for  self-protection,  so  that  Europe  is  said  to  be  on  a  war 


310  THE  NATION 

footing  constantly,  and  millions  of  men  are  kept  in  training, 
at  all  times,  to  be  ready  for  war  at  a  moment's  notice. 

Position  of  United  States. — The  geographical  position  of 
the  United  States  makes  it  almost  unnecessary  for  the  nation 
to  support  a  large  standing  army.  Controlling  the  large  area 
that  it  does,  extending  from  ocean  to  ocean,  with  little  danger 
possible  from  its  neighbors,  north  and  south,  and  separated 
from  Asia  and  Europe  by  wide  oceans,  the  United  States  is 
more  secure  from  war  than  any  other  large  civilized  nation 
on  earth. 

Militia. — In  case  of  war,  the  United  States  calls  out  the 
militia  of  the  several  states,  and  the  volunteer  service  has 
always  proved  very  efficient,  in  time  of  need.  The  militia 
includes  all  able-bodied  male  citizens  between  the  ages  of 
eighteen  and  forty-five  years,  with  few  exceptions.  Those 
subject  to  militia  duty  in  the  United  States  number  more  than 
fourteen  million,  according  to  the  census  of  1900.  During 
the  Civil  War,  President  Lincoln  issued  several  calls  for  vol- 
unteers to  enlist  in  the  army  of  the  United  States,  and  hun- 
dreds of  thousands  answered  the  call.  In  the  recent  war 
with  Spain,  many  more  citizens  offered  themselves  for  army 
service,  in  response  to  the  call  for  volunteers  by  President 
McKinley,  than  it  was  found  necessary  to  enlist. 

Clause  13— The  Navy 

To  provide  and  maintain  a  navy. 

Navy. — Thirty  years  ago  the  navy  of  the  United  States  was 
old-fashioned  and  unimportant,  but  the  attention  of  the  gov- 
ernment was  turned  in  the  direction  of  its  improvement,  and 
a  modern  navy  was  gradually  built  up.  Battleships,  armored 
and  protected  cruisers,  monitors,  unprotected  cruisers,  and 
gunboats  were  constructed,  and  at  the  beginning  of  the 


THE  LEGISLATIVE  BRANCH  311 

Spanish- American  War  our  country  had  a  strong  navy, 
though  rather  small.  The  brilliant  victories  of  Manila  and 
Santiago  astonished  the  world.  From  a  nation  of  little  naval 
importance,  the  government  has  been  able,  within  a  few 
years,  to  place  itself  among  the  leading  nations  of  the  earth  in 
naval  power.  At  no  other  time  in  our  history  has  the  govern- 
ment demonstrated  so  clearly  the  wonderful  possibilities  of 
this  nation. 

Naval  Vessels. — The  new  vessels  of  the  American  navy  are 
among  the  best  in  the  world.    The  great  battleship  "  North 


A  United  States  Battleship 

Dakota"  has  a  displacement  of  more  than  twenty  thousand 
tons,  and  yet  this  gigantic  vessel  has  a  speed  of  twenty-one 
knots  an  hour.  Its  large  guns  are  gigantic  engines  of  destruc- 
tion, and  it  carries  many  rapid  fire  guns  also.  It  is  true  that 
the  United  States  has  fewer  vessels  in  her  navy  than  some  of 
the  other  leading  nations  of  the  earth,  but  the  recently  con- 
structed vessels  of  our  navy  are  unexcelled  by  those  of  any 
other  power. 


312  THE  NATION 

Clause  14— Army  and  Navy  Regulations 

To  make  rules  for  the  government  and  regulation  of  the  land 
and  naval  forces. 

Military  Academy. — Congress  has  passed  many  laws  relat- 
ing to  the  government  of  its  land  and  naval  forces.  To  pro- 
vide for  the  proper  training  of  army  officers,  there  is  a  military 
academy  located  at  West  Point,  New  York,  and  supported  at 
government  expense.  This  academy  was  opened  in  1812, 
and  more  than  three  thousand  officers  have  been  graduated 
from  it.  Nearly  all  the  great  generals  of  the  civil  war,  on 
both  sides,  were  graduates  of  this  school. 

Cadets. — Each  state  in  the  United  States  is  entitled  to 
send  two  cadets  to  the  military  academy,  and  each  congres- 
sional district,  one.  When  a  cadet  has  finished  the  course  of 
study,  another  from  the  same  district  may  be  sent  to  take  his 
place.  The  appointment  of  cadets  is  usually  made  by  com- 
petitive examinations,  and  the  person  chosen  must  be  thor- 
oughly prepared  in  the  common  branches  of  study,  and  be 
physically  perfect.  Cadets  are  paid  six  hundred  dollars  a 
year  for  four  years,  and  graduates  of  the  institution  re- 
ceive the  rank  and  pay  of  second  lieutenant. 

Naval  Academy. — The  naval  academy  was  founded,  in 
1845,  by  George  Bancroft,  the  noted  historian,  who  was 
then  serving  as  secretary  of  the  navy.  The  school  is  located 
at  Annapolis,  Maryland,  but,  during  the  civil  war,  it  was 
removed  to  Newport,  Rhode  Island.  Midshipmen  are  ap- 
pointed from  the  states  and  the  congressional  districts  of  the 
United  States,  and  the  course  of  study  at  the  academy  is 
four  years.  Graduates  are  commissioned  as  ensigns  in  the 
navy.  The  allowance  made  each  midshipman  is  six  hun- 
dred dollars  a  year, 


THE  LEGISLATIVE  BRANCH  313 

Clause  15— The  Militia 

To  provide  for  calling  forth  the  militia  to  execute  the  laws 
of  the  Union,  suppress  insurrections,  and  repel  invasions. 

Under  this  clause  of  the  constitution,  congress  has  author- 
ized the  president  to  call  the  militia  into  service  when  neces- 
sary. This  was  done  in  1794,  1812,  1861,  1862  and  1863. 
(See  pages  342-343.) 

Clause  16 — Organization  of  the  Militia 

To  provide  for  organizing,  arming,  and  disciplining  the 
militia,  and  for  governing  such  part  of  them  as  may  be  employed 
in  the  service  of  the  United  States,  reserving  to  the  states  respec- 
tively the  appointment  of  the  officers,  anil  the  authority  of  train- 
ing the  militia  according  to  the  discipline  prescribed  by  con- 
gress. 

Training  Militia. — If  it  were  not  for  this  provision  of  the 
constitution,  by  means  of  which  uniformity  in  military  train- 
ing is  secured,  the  militia  would  be  of  little  value  when  called 
into  the  service  of  the  general  government.  It  is  perfectly 
proper  to  permit  the  states  to  choose  the  officers  of  the  militia, 
but  the  training  of  all  for  active  service,  officers  and  privates 
alike,  should  be  the  same  for  all  the  states.  Congress  has 
passed  laws  for  such  training,  and,  when  the  militia  from  differ- 
ent states  meet  side  by  side,  they  find  no  trouble  in  complying 
with  orders,  for  they  have  all  been  trained  in  accordance  with 
the  same  rules.  The  states  do  not  provide  for  the  training  of 
all  the  men  who  are  subject  to  military  duty.  In  Wash- 
ington, there  are  less  than  twenty-five  hundred  men  in  the 
organized  militia  of  the  state,  but  there  are  many  thousands 
who  are  subject  to  such  service  in  time  of  war  or  public 
danger. 


314  THE  NATION 

Clause  // — Exclusive  Legislation 

To  exercise  exclusive  legislation  in  all  cases  whatsoever,  over 
such  district  (not  exceeding  ten  miles  square)  as  may,  by  cession 
of  particular  states,  and  the  acceptance  of  congress,  become  the 
seat  of  the  government  of  the  United  States,  and  to  exercise  like 
authority  over  all  places  purchased  by  the  consent  of  the  legis- 
lature of  the  state  in  which  the  same  shall  be,  for  the  erection 
of  forts,  magazines,  arsenals,  dockyards,  and  other  needful  build- 
ings. 

Seat  cf  Government. — At  the  organization  of  the  govern- 
ment, in  1789,  congress  met  at  New  York.  The  following 
year,  the  capital  of  the  nation  was  removed  to  Philadelphia, 
and,  in  the  same  year,  congress  empowered  Washington  to 
locate  the  seat  of  government  at  some  point  on  the  Potomac 
river,  to  be  chosen  by  him.  The  present  site  was  selected 
immediately,  and  the  city  of  Washington  became  the  capital 
of  the  nation,  in  1800.  The  District  of  Columbia  was  organ- 
ized on  both  sides  of  the  Potomac,  and  contained,  originally, 
the  area  permitted  by  the  constitution.  Maryland  gave  sixty- 
six  square  miles.  In  1846,  the  Virginia  portion  was  receded  to 
that  state,  and  the  District  of  Columbia  has  since  included 
only  the  portion  on  the  Maryland  side  of  the  Potomac. 

Government. — For  seventy  years,  congress  governed  the 
District  of  Columbia  by  direct  legislation,  and  then  tried  the 
experiment  of  territorial  organization.  This  did  not  prove 
satisfactory,  and,  after  three  years'  trial,  the  government  was 
placed  in  the  hands  of  three  commissioners,  two  of  whom  are 
appointed  by  the  president  and  confirmed  by  the  senate,  and 
a  third,  who  is  an  officer  of  the  engineering  corps  of  the  army, 
appointed  by  the  secretary  of  war.  These  commissioners 
serve  for  three  years,  and  they  have  the  management  of  the 


THE  LEGISLATIVE  BRANCH  315 


Clause  f8— Legislative  Power 

To  make  all  laws  which  shall  be  necessary  and  proper  for 
carrying  into  execution  the  foregoing  powers,  and  all  other 
powers  vested  by  this  constitution  in  the  government  of  the 
United  States,  or  in  any  department  or  officer  thereof. 

Summary. — This  clause  is  a  grand  summary  of  the  powers 
of  congress.  It  will  be  seen  that  the  constitution  states  many 
things  about  which  congress  may  legislate,  but  this  is  only 
for  the  purpose  of  pointing  out  some  of  the  most  important 


316  THE  NATION 

subjects  requiring  general  legislation.  In  order  to  confer 
upon  congress  the  right  to  legislate  in  all  matters  covered  by 
the  constitution  for  the  government  of  the  United  States  and 
its  people,  this  declaration  is  made.  There  are  in  the  employ 
of  the  government — in  all  branches  of  the  public  service, 
including  the  military,  naval,  and  marine  departments — 
nearly  four  hundred  thousand  persons.  This  does  not  include 
the  many  thousand  persons  who  are  engaged  every  tenth  year 
as  enumerators  in  taking  the  census.  All  laws  relating  to 
these  officers,  their  duties,  terms,  and  salaries,  have  been 
passed  by  congress.  It  will  be  seen  that  the  power  conferred 
upon  congress  by  this  clause  is  limited  to  the  provisions  of 
the  constitution.  It  sometimes  happens  that  a  law  of  con- 
gress is  declared  unconstitutional  by  the  supreme  court. 
This  means  that  the  law  was  passed  without  the  required 
authority  of  the  constitution,  and  the  decision  of  the  supreme 
court  annuls  the  law,  and  it  is  then  of  no  effect  as  law. 

PART  XIII 

SECTION  IX.     PROHIBITIONS  ON  CONGRESS 
Clause  I — The  Slave  Trade 

The  migration  or  importation  of  such  persons  as  any  of  the 
states  now  existing  shall  think  proper  to  admit,  shall  not  be 
prohibited  by  the  congress  prior  to  the  year  one  thousand  eight 
hundred  and  eight,  but  a  tax  or  duty  may  be  imposed  on  such 
importation,  not  exceeding  ten  dollars  for  each  person. 

Slavery. — The  curse  of  slavery  had  its  beginning  in  this 
country  in  1620,  when  a  Dutch  trader  brought  twenty  negroes 
from  Africa  and  sold  them  to  the  planters  of  Virginia  as  slaves. 
Other  importations  followed,  until,  at  the  time  of  the  Revolu- 
tion, slaves  were  owned  in  all  the  colonies.  Prior  to  the  meet- 


THE  LEGISLATIVE  BRANCH  317 


318  THE  NATION 

Restrictions. — The  importation  of  slaves  after  the  first  of 
January,  1808,  was  prohibited  by  congress,  and  penalties 
were  prescribed  for  violation  of  the  law.  But,  because  slavery 
had  become  profitable,  the  law  was  often  violated.  In  1820, 
congress  declared  that  any  citizen  of  the  United  States  who 
should  engage  in  the  foreign  slave  trade  was  guilty  of  piracy, 
and  attached  the  death  penalty  to  the  crime.  Slavery  was 
finally  abolished  by  the  thirteenth  amendment  to  the  consti- 
tution, which  was  adopted  in  1865. 

Clause  2 — The  Writ  of  Habeas  Corpus 

The  privilege  of  the  writ  of  habeas  corpus  shall  not  be  sus- 
pended, unless  when  in  cases  of  rebellion  or  invasion  the  pub- 
lic safety  may  require  it. 

Habeas  Corpus. — In  England,  the  writ  of  habeas  corpus 
was  often  granted  before  the  days  of  Magna  Charta.  The 
right  to  a  writ  of  habeas  corpus  is  regarded  as  one  of  the 
strongest  safeguards  to  personal  liberty.  An  innocent  person 
may  be  arrested,  charged  with  having  committed  a  crime. 
Instead  of  being  compelled  to  wait  several  weeks  or  months 
for  a  hearing  before  the  court  having  jurisdiction  of  such 
cases,  he  may  demand  a  writ  of  habeas  corpus  in  the  method 
prescribed  by  law.  This  writ  is  placed  in  the  hands  of  the 
sheriff,  or  other  ministerial  officer,  and  he  is  directed  to  take 
the  person  under  arrest  before  the  proper  judicial  authority, 
who  will  at  once  decide  whether  the  person  accused  of  the 
crime  is  legally  held  to  answer  for  it,  or  not. 

Effect  of  Writ. — The  examination  by  virtue  of  a  writ  of 
habeas  corpus  is  not  a  formal  trial  of  the  person  under  arrest, 
as  it  is  intended  to  decide  only  the  legality  of  the  arrest.  This 
writ  is  often  used  to  secure  the  release  of  persons  unjustly 
confined  in  insane  asylums  and  reform  schools,  and  to  obtain 


THE  LEGISLATIVE  BRANCH  319 

the  custody  of  children  when  the  right  of  guardianship  is  in 
dispute. 

Congress  has  conferred  upon  the  president  the  right  to 
suspend  the  privilege  of  this  writ  in  time  of  public  danger. 
The  writ  can  be  suspended  only  in  the  places  actually  suf- 
fering from  invasion  or  insurrection.  In  September,  1863, 
President  Lincoln  suspended  the  right  to  a  writ  of  habeas 
corpus  throughout  the  United  States  in  the  case  of  deserters 
and  of  others  accused  of  offenses  against  the  military  and 
naval  service  of  the  country. 

Clause  J — Laws  Forbidden 

No  bill  of  attainder  or  ex  post  facto  law  shall  be  passed. 

Prohibition. — It  would  hardly  seem  necessary  to  have  this 

prohibition  placed  upon  congress,  and  yet  it  must  be  borne 

in  mind  that  the  founders  of  our  government  wished  to  pro- 

i  tect  the  people  against  unjust  or  arbitrary  legislation.     It 

I  must  be  remembered  that  the  colonies  had  suffered  many 

(years  from  the  obnoxious  laws  passed  by  parliament,  and 

ithey  were  careful  to  see  that  all  their  rights  were  securely 

(guarded.    The  Declaration  of  Independence  was  a  vigorous 

protest  against  the  arbitrary  rule  of  the  mother  country. 

For  the  meaning  of  "bill  of  attainder"  and  "ex  post  facto" 
law,  review  page  122.  Congress  has  frequently  passed  laws 
that  were  retroactive,  but  they  did  not  apply  to  anything  of  a 
criminal  nature.  All  the  bankruptcy  laws  passed  by  con- 
gress have  been  retroactive. 

Clause  4— Direct  Taxes 

No  capitation  or  other  direct  tax  shall  be  laid,  unless  in  pro- 
portion to  the  census  or  enumeration  hereinbefore  directed  to  be 
taken. 


320  THE  NATION 

Direct  Taxes. — The  levying  of  direct  taxes  for  the  support 
of  the  general  government  is  made  unpopular  by  this  clause. 
This  was  not  the  intention  of  the  members  of  the  constitu- 
tional convention,  it  may  be,  but  the  division  of  taxes  accord- 
ing to  population  is  not  resorted  to  in  local  affairs,  and  the 
plan  does  not  seem  to  meet  with  popular  favor  as  a  means  of 
raising  national  revenue.  The  Wilson  tariff  bill  of  1894  pro- 
vided for  a  tax  on  all  incomes  in  excess  of  four  thousand  dol- 
lars received  by  all  persons  within  the  United  States.  The 
supreme  court  decided  this  part  of  the  law  to  be  unconstitu- 
tional, as  it  was  in  the  nature  of  a  direct  tax,  and  not  appor- 
tioned among  the  states  according  to  population. 

In  1909  congress  proposed  an  amendment  to  the  constitu- 
tion giving  congress  the  power  to  levy  income  taxes. 

Clause  5  —Duties  on  Exports 

No  tax  or  duty  shall  be  laid  on  articles  exported  from  any 
state. 

Export  Duties. — This  clause  was  intended  to  give  to  ar- 
ticles of  export  from  the  several  states  an  equal  chance  in 
competition  in  trade  everywhere.  Export  duties  are  seldom 
popular  in  any  government.  The  export  duties  here  pro- 
hibited are  understood  to  apply  to  the  United  States  as  well 
as  to  the  states  individually.  Export  duties  would  have  the 
effect  of  increasing  the  price  of  our  products  in  foreign  mar- 
kets, and  this  would  prevent  competition  in  trade  with  other 
countries.  Some  members  of  the  convention  favored  a  duty 
on  exports  as  a  means  of  increasing  the  revenue  of  the  gov- 
ernment. 

Clause  6 — Commercial  Restrictions 

No  preference  shall  be  given  by  any  regulation  of  commerce 
or  revenue  to  the  ports  of  one  state  over  those  of  another;  nor  shall 


THE   LEGISLATIVE    BRANCH  321 

vessels  bound  to  or  from  one  state,  be  obliged  to  enter,  dear,  or 
pay  duties  in  another. 

Commercial  Privilege. — This  provision  was  inserted  in  the 
constitution  to  allay  the  fears  of  some  of  the  states  that  a  pref- 
erence for  the  ports  of  one  state  might  give  that  state  a  decided 
commercial  advantage  over  the  others.  The  rights  of  all  the 
states  are  carefully  guarded  by  the  constitution.  Possibly  the 
members  of  the  convention  recalled  the  Boston  Port  Bill, 
when  tin's  clause  was  under  consideration.  The  second  part 
of  the  clause  insures  certain  rights  to  merchant  vessels  in 
carrying  on  commerce  among  the  states.  In  order  to  prevent 
smuggling  or  any  other  violation  of  the  rules  relating  to  cus- 
tomhouse business,  all  vessels  from  foreign  ports  must  enter 
and  report  their  cargoes  in  detail  to  the  customhouse  officers 
of  the  port  to  which  they  are  sent.  Vessels  leaving  an  Ameri- 
can port  with  cargoes  for  some  foreign  country  must  obtain 
clearance  papers  giving  them  the  necessary  authority  to  sail. 

Clause  7— Care  of  Public  Funds 

No  money  shall  be  drawn  from  the  treasury  but  in  conse- 
quence of  appropriations  made  by  law;  and  a  regular  statement 
and  account  of  the  receipts  ami  expenditures  of  all  public  money 
shall  be  published  from  time  to  time. 

Appropriations. — Large  sums  of  money  are  required  to 
meet  the  expenses  of  the  government  for  a  single  year,  and  it 
is  eminently  proper  to  have  all  appropriations  of  the  public 
funds  regulated  by  law.  Many  items  of  expense  are  author- 
ized by  general  provision  of  law,  as,  for  example,  the  payment 
of  salaries  of  president,  congressmen,  judges,  and  other  offi- 
cers. In  addition  to  this,  special  appropriations  are  made  at 
*ach  session  of  congress  to  defray  incidental  and  unusual  ex- 
of  the  government. 


322  THE  NATION 

Government  Expenses.  —  The  expenses  of  the  United 
States,  in  all  departments  of  public  service,  amount  to  over 
two  million  dollars  a  day  for  every  day  in  the  year.  Some  of 
this  money  is  paid  in  fees,  which  are  used  to  defray  the  ex- 
penses of  the  office  collecting  them,  and,  as  stated  elsewhere, 
the  postal  service  is  almost  self-supporting.  The  patent  office 
is  a  constant  source  of  revenue  to  the  government,  in  addition 
to  the  payment  of  all  its  expenses. 

Publication. — In  a  republican  government,  the  people 
claim  the  right  to  know  how  the  public  money  is  obtained,  and 
for  what  purpose  it  is  expended.  The  secretary  of  the  treas- 
ury is  called  upon,  at  least  once  a  year,  to  report  to  the  presi- 
dent the  financial  condition  of  the  country,  and  he  gives  much 
valuable  information  to  the  people  concerning  the  finances  of 
the  government.  The  "Sundries  Appropriation  Bill,"  passed 
by  congress  at  each  session,  shows  in  detail  the  special  ap- 
propriations made  by  that  body.  All  the  states  follow  the  plan 
of  requiring  detailed  statements  of  the  receipts  and  expendi- 
tures of  the  state  to  be  made  at  each  regular  session  of  the 
legislature. 

Clause  8 — Titles  of  Nobility 

No  title  of  nobility  shall  be  granted  by  the  United  States;  and 
no  person  holding  any  office  of  profit  or  trust  under  them  shall, 
without  the  consent  of  the  congress,  accept  of  any  present,  emolu- 
ment, office,  or  title,  of  any  kind  whatever,  from  any  king, 
prince,  or  foreign  state. 

Nobility. — If  titles  of  nobility  had  not  been  prohibited  by 
the  constitution,  there  would  doubtless  have  been  many  at- 
tempts to  establish  such  titles  by  law  all  along  through  our 
history.  The  design  of  the  founders  of  our  government  was  to 
prevent  any  form  of  aristocracy  from  gaining  a  foothold  in 
this  country  under  sanction  of  law.  In  short,  it  was  their  in- 


THE    LEGISLATIVE   BRANCH  323 

tention  to  establish  a  democracy — "A  government  of  the 
people,  by  the  people,  and  for  the  people." 

Prohibition. — The  allegiance  of  citizens  of  the  United 
States  is  due  to  our  own  government,  and  the  obligation  is  cer- 
tainly strong  upon  those  who  are  chosen  to  positions  of  honor 
or  trust  among  the  people.  If  any  officer  were  permitted  to  re- 
•ceive  gifts  of  any  kind  from  any  foreign  power,  it  would  seem 
to  l>e  for  some  sinister  purpose.  Congress  has  permitted  pub- 
lic officers,  at  different  times  in  our  history,  to  receive  gifts 
from  foreign  powers.  In  general,  the  prohibition  is  a  wise  one, 
and  it  has  often  been  urged  that  no  citizen  of  the  United  States 
should  ever  be  permitted  to  receive  a  gift  of  any  kind  from  any 
foreign  power. 

SECTION  X.    PROHIBITIONS  ON  THE  STATES 
Clause  I — Unconditional 


No  slate  shall  enter  into  any  treaty,  alliance,  or  confedera- 
tion; grant  letters  of  marque  and  reprisal;  coin  money;  emit  bills 
of  credit;  make  anything  but  gold  and  silver  coin  a  tender  in  pay- 
ment of  debts;  pass  any  bill  of  attainder,  ex  post  facto  law,  or 
laic  impairing  the  obligation  of  contracts,  or  grant  any  title  of 
nobility. 

Restrictions  upon  States. — Before  the  constitution  of  the 
United  States  was  ratified,  the  several  states  were  independent 
republics,  each  one  a  small  nation  by  itself.  But,  on  entering 
the  Union,  it  became  necessary  for  each  state  to  surrender 
certain  rights  and  privileges  that  it  had  previously  enjoyed,  in 
order  that  the  general  government  might  be  made  strong  and 
enduring.  The  unconditional  prohibitions  of  this  clause  were 
necessary  to  promote  the  general  welfare  of  all  the  states,  and 
!  of  all  the  people. 

If  the  states  were  permitted  to  enter  into  alliances  of 

Washington — 2 1 


324  THE  NATION 

any  kind  with  foreign  nations,  it  would  not  be  long  until 
the  nation  might  be  forced  into  war  in  self-defense,  perhaps, 
through  the  hasty  or  thoughtless  action  of  a  single  state.  No 
state  was  compelled  to  enter  the  Union,  nor  could  it  gain  ad- 
mission without  surrendering  those  prerogatives  which  would 
be  likely  to  cause  a  conflict  between  state  and  national  au- 
thorities. Were  the  states  permitted  to  coin  money  or  emit 
bills  of  credit,  there  would  be  no  uniformity  in  the  currency  of 
the  country,  and  the  transaction  of  business  according  to  pres- 
ent methods  would  be  impossible.  The  money  now  in  use 
has  the  same  value  in  all  parts  of  the  country,  and  this  is  of 
great  benefit  in  the  transaction  of  business. 

Clause  2-— Conditional  Prohibition 

No  state  shall,  without  the  consent  of  the  congress,  lay  any 
imposts  or  duties  on  imports  or  exports,  except  what  may  be  ab- 
solutely necessary  for  executing  its  inspection  laws;  and  the  net 
produce  of  all  duties  and  imposts,  laid  by  any  state  on  imports  or 
exports,  shall  be  for  the  use  of  the  treasury  of  the  United  States; 
and  all  such  laws  shall  be  subject  to  the  revision  and  control  of 
the  congress. 

State  Revenue. — It  has  come  to  be  the  policy  of  the  states  to 
raise  revenue  for  the  support  of  their  local  government  by 
means  of  direct  taxes.  This  seems  to  have  grown  out  of  the 
prohibition  placed  upon  them  by  this  clause.  This  clause  was 
doubtless  based  upon  the  experience  of  the  states  during  the 
years  from  1781  to  1787.  It  was  intended  to  remove  all 
causes  of  jealousy  between  the  states,  and  to  lead  them  to 
work  in  harmony  with  the  general  government. 

Inspection  Laws. — It  will  be  seen  that  any  state  may  pass 
laws  providing  for  the  proper  inspection  of  articles  of  mer- 
chandise imported  into  it.  Nearly  all  the  states  have  passed 


THE    LEGISLATIVE   BRANCH  325 

laws  for  the  testing  of  illuminating  oils,  and  the  cost  of  inspec- 
tion may  be  charged  to  the  owners  of  the  oil  at  the  time  the 
inspection  is  made.  Barrels  or  tanks  containing  the  oil  are 
stamped  by  the  inspector  in  such  a  way  as  to  show  the  result 
of  the  test. 

Food  Inspection. — Meats  and  other  articles  of  diet  are  re- 
quired to  be  inspected  by  the  laws  of  some  of  the  states.  This 
clause  of  the  constitution  prevents  any  state  from  making 
profit  out  of  inspection  fees  levied  on  goods  imported  from 
other  states. 

Clause  3 — Conditional  Prohibition 

No  slate  shall,  without  the  consent  of  congress,  lay  any  duty 
of  tonnage,  keep  troops  or  ships  of  war  in  time  of  peace,  enter 
into  any  agreement  or  compact  with  another  state,  or  with  a  for- 
eign power,  or  engage  in  war,  unless  actually  invaded,  or  in 
such  imminent  danger  as  will  not  admit  of  delay. 

Nation  Supreme. — The  language  of  this  clause  is  so  defi- 
nik  as  to  require  little  explanation.  The  whole  purport  of 
the  constitution  is  to  make  state  authority  subordinate  to  that 
of  the  general  government  in  all  matters  of  common  interest. 
It  is  the  same  principle  that  sometimes  requires  the  sacrifice 
of  private  interest  for  the  public  good.  The  natural  law  of 
self-preservation  would  justify  a  state  in  acting  in  self-defense 
in  case  of  imminent  danger  or  actual  invasion, 


CHAPTER  VIII 

ARTICLE  II.     THE  EXECUTIVE  BRANCH 
PART  I 

SECTION  I.    ELECTION  OF  PRESIDENT 
Clause  I 

The  executive  power  shall  be  vested  in  a  president  of  t) 
United  States  of  America.    He  shall  hold  his  office  during  the 
term  of  four  years,  and,  together  with  the  vice  president,  chosen 
for  the  same  term,  be  elected  as  follows:  (See  Clause  2.) 

Executive  Authority. — The  framing  of  this  part  of  the  con- 
stitution was  a  very  difficult  one.  Under  the  articles  of  con- 
federation, there  was  no  executive  authority  except  such  as 
congress  could  exert  incidentally.  Every  point  relating  to  the 
executive  was  carefully  discussed  in  the  constitutional  con- 
vention, and  changes  were  frequently  made  in  the  provisions 
relating  thereto. 

Executive  Council. — Instead  of  having  a  single  president, 
some  members  favored  an  executive  council  of  the  government 
to  consist  of  three  members.  It  was  claimed  by  some  that  the 
executive  would  be  more  efficient  if  it  consisted  of  three  mem- 
bers, one  being  chosen  from  each  of  the  three  sections  of  the 
Union.  After  much  discussion,  it  was  determined  to  adopt 
the  plan  of  having  but  one  executive,  and  the  committee  hav- 
ing this  matter  in  charge  decided  that  the  title  of  the  presi- 

326 


THE  EXECUTIVE  BRANCH  327 

dent  should  be,  "His  Excellency."  As  this  seemed  to  point 
to  the  establishment  of  what  might  be  considered  by  some  a 
title  of  nobility,  it  was  discarded. 

Term. — What  should  be  the  length  of  the  presidential  term 
of  office  ?  Some  favored  an  annual  appointment  or  election. 
Others  were  in  favor  of  having  the  executive  serve  during  life 
or  good  behavior.  Between  these  extremes,  there  seemed  to  be 
all  possible  shades  and  differences  of  opinion.  The  first  plan 
agreed  upon  was  that  the  president  should  be  chosen  for  a 
term  of  seven  years  and  that  he  should  be  ineligible  to  reelec- 
tion. 

Change. — For  some  reason,  it  afterwards  seemed  advisable 
to  change  this  provision,  and,  after  another  prolonged  discus- 
sion, it  was  decided  to  make  the  presidential  term  four  years, 
and  to  say  nothing  about  reelection.  In  recent  times,  many 
persons  and  one  or  more  political  parties  have  advocated  a 
presidential  term  of  six  years,  with  the  provision  that  the  pres- 
ident could  serve  only  one  term.  It  is  not  likely  that  any 
change  will  be  made  in  this  clause,  because  the  demand  for 
such  a  change  is  not  very  urgent,  and  it  could  be  brought 
about  only  by  an  amendment  to  the  constitution.  The 
changes  that  have  been  made  in  the  constitution  thus  far  have 
all  been  of  great  importance. 

Number  of  Terms. — Washington  was  urged  to  become  a 
candidate  for  a  third  term,  but  he  deemed  it  unwise,  and  the 
example  he  set  has  been  followed  all  through  our  history. 
Van  Buren  was  three  times  a  candidate  for  the  presidency,  al- 
though he  served  but  one  term.  Grant  was  a  candidate  for 
a  nomination  for  a  third  term,  but,  although  he  was  very 
popular  as  president,  not  many  people  favored  his  nomination 
for  a  third  term.  Washington,  Jefferson,  Madison,  Monroe, 
ackson,  Lincoln,  Grant,  Cleveland,  and  McKinley  are  the 


328  THE  NATION 

only  presidents  who  have  been  elected  for  a  second  term. 
Roosevelt  is  the  only  "accidental  president"  who  has  ever 
been  elected  to  the  presidency  after  having  served  part  of  the 
term  for  which  -he  was  elected  as  vice  president.  Only  four 
of  the  presidents  have  been  reflected  since  1833.  It  seems 
as  if  the  people  of  the  United  States  now  favor  a  single  term 
for  the  executive,  except  in  rare  cases. 

Vice  President. — The  office  of  vice  president  met  with 
much  opposition.  Several  prominent  members  of  the  conven- 
tion argued  against  the  office  as  needless,  but  the  majority  of 
the  states  became  convinced  of  the  necessity  for  such  an  officer 
as  the  vice  president,  and  the  office  was  accordingly  estab- 
lished as  provided  in  this  section. 

Clause  2 — Number  and  Appointment  of  Electors 

Each  state  shall  appoint,  in  such  manner  as  the  legislature 
thereof  may  direct,  a  number  of  electors,  equal  to  the  whole  num- 
ber of  senators  and  representatives  to  which  the  state  may  be  en- 
titled in  the  congress;  but  no  senator  or  representative,  or  person 
holding  an  office  of  trust  or  profit  under  the  United  States,  shall 
be  appointed  an  elector. 

Manner  of  Choosing. — Several  plans  for  the  election  of 
president  and  vice  president  were  proposed,  and,  after  much 
discussion,  the  one  given  above  was  adopted.  Some  members 
favored  the  election  of  the  president  by  congress,  and  others, 
by  the  people.  The  election  by  the  United  States  senate,  by 
electors  chosen  by  the  governors  of  the  several  states,  by  elect- 
ors chosen  by  the  state  legislatures,  and  by  electors  chosen 
by  lot  from  the  membership  of  congress,  were  some  of  the 
recommendations  made.  From  this,  we  may  see  what  varied 
opinions  prevailed  among  the  members  of  the  convention. 
Yet  the  discussions  were  carried  on  with  the  sole  intention  of 


THE  EXECUTIVE  BRANCH  329 

doing  what  was  best  for  the  whole  people,  and  the  work  was 
worthy  of  all  the  thought  bestowed  on  it. 

Choice  of  Electors. — The  state  legislatures  have  provided 
for  the  choice  of  presidential  electors,  and  congress  has  fixed 
the  time  as  the  Tuesday  next  after  the  first  Monday  in  Novem- 
ber of  every  fourth  year.  Each  political  party  desiring  to 
choose  a  president  and  vice  president,  holds  a  national  con- 
vention early  in  the  year  and  nominates  candidates  for  those 
offices.  Then  a  state  convention  of  delegates  is  held  by  each 
of  the  parties  in  each  state  in  the  Union,  and  as  many  candi- 
dates for  presidential  electors  are  nominated  as  there  are 
members  of  congress  from  that  state. 

Number  of  Electors. — The  electoral  college  of  the  United 
Stales  now  consist  of  five  hundred  and  thirty-one  mem- 
bers, a  number  equal  to  the  present  membership  of  both 
houses  of  congress.  Washington  elects  two  senators  and  five 
representatives  in  congress,  and,  consequently,  each  political 
party  in  the  state  nominates  seven  presidential  electors.  In 
voting,  each  elector  casts  his  ballot  for  the  five  presidential 
electors  nominated  by  the  party  to  which  he  belongs.  The 
party  casting  the  largest  number  of  votes  at  the  general  elec- 
tion in  any  state  elects  the  full  number  of  presidential  electors 
from  that  state.  These  electors  are  morally,  or  rather  politi- 
cally, bound  to  vote  for  the  nominees  of  their  party  for  presi- 
dent and  vice  president. 

Prohibition. — The  prohibition  placed  upon  senators,  rep 
resentatives,  and  persons  holding  positions  of  trust  or  profi: 
under  the  government,  is  intended  to  make  the  choice  of  presi 
dent  and  vice  president  entirely  free  from  the  bias  that  is 
likely  to  attend  the  holding  of  office.    It  was  the  intention  of 
the  founders  of  the  government  to  permit  each  presidential 
I  elector  to  vote  for  any  eligible  person  for  these  offices,  inde- 


330  THE  NATION 

pendently  of  his  political  connections,  but  this  has  never  been 
the  practice.  Only  once  in  our  history  have  presidential 
electors  voted  for  any  other  persons  than  the  ones  nominated 
by  their  political  party.  This  was  in  1872,  and  was  occasioned 
by  the  death  of  Horace  Greeley,  which  occurred  between  the 
time  of  the  general  election  and  the  date  set  for  the  meeting 
of  the  presidential  electors.  The  sixty-six  electors  chosen  to 
vote  for  Mr.  Greeley  were  obliged  to  vote  for  some  one  else, 
a  majority  of  them  voting  for  Thomas  A.  Hendricks,  of 
Indiana. 

Clause  J — Election  of  President  and  Vice  President 

(For  the  language  of  this  clause,  see  copy  of  the  constitu- 
tion, pages  226,  227.) 

Original  Plan. — The  original  clause  of  the  constitution  pro- 
vided that  the  presidential  electors  must  vote  for  two  persons 
without  expressing  their  preference  for  president  and  vice 
president.  The  person  having  the  largest  number  of  votes,  if 
that  number  was  equal  to  a  majority  of  the  electors,  was 
elected  president^  and  the  one  having  the  second  largest 
number  was  the  Vice  president.  The  plan  worked  well  at  the 
first  two  presidential  elections,  but  at  the  election  in  the  year 
1796,  it  resulted  in  the  choice  of  president  and  vice  president 
from  different  parties,  and  in  1800  it  resulted  in  a  failure  to 
elect,  because  exactly  the  same  number  of  votes  (a  majority) 
was  received  by  both  Jefferson  and  Burr,  the  candidates  of 
the  successful  party  for  president  and  vice  president.  The 
failure  of  the  electors  to  choose  a  president  threw  the  election 
into  the  house  of  representatives. 

Election  of  Jefferson. — The  election  in  the  house  was  made 
by  the  old  plan  of  voting,  each  state  having  but  one  vote.  Of 
the  sixteen  states  represented,  eight  voted  for  Jefferson,  six 


THE  EXECUTIVE  BRANCH  331 

for  Burr,  and  the  votes  of  the  other  two  states  were  divided. 
It  was  not  until  the  thirty-sixth  ballot  was  taken  that  Jeffer- 
son received  a  majority  of  all  the  votes. 

Twelfth  Amendment. — The  twelfth  amendment  to  the  con- 
stitution, adopted  in  1804,  was  intended  to  prevent  the  choice 
of  president  and  vice  president  from  different  political  parties. 
The  present  plan  of  nominating  a  candidate  for  the  presi- 
dency and  one  for  the  vice  presidency  prevents  such  rivalry 
as  existed  between  Jefferson  and  Burr.  The  twelfth  amend- 
ment is  inserted  and  discussed  here,  instead  of  in  its  historical 
place  among  the  other  amendments. 

7V/i'  Twelfth  Amendment 

The  electors  shall  meet  in  their  respective  states  and  vote  by 
ballot  for  president  and  vice  president,  one  of  whom,  at  least, 
shall  not  be  an  inhabitant  of  the  same  state  with  themselves; 
they  shall  name  in  their  ballots  the  person  voted  for  as  president, 
and  in  distinct  ballots  the  person  voted  for  as  vice  president, 
and  they  shall  make  distinct  lists  of  all  persons  voted  for  as 
president,  and  of  all  persons  voted  for  as  vice  president,  and 
of  the  number  of  votes  for  each;  which  lists  they  shall  sign  and 
certify,  and  transmit  scaled  to  the  seat  of  the  government  of  the 
United  States,  directed  to  the  president  of  the  senate.  The 
president  of  the  senate  shall,  in  the  presence  of  the  senate  and 
house  of  representatives,  open  all  the  certificates  and  the  votes 
shall  then  be  counted.  The  person  having  the  greatest  number 
of  rotes  for  president,  shall  be  president,  if  such  number  be  a 
majority  of  the  whole  number  of  electors  appointed;  and  if  no 
person  have  such  majority,  then  from  the  persons  having  the 
highest  numbers  not  exceeding  three  on  the  list  of  those  voted  for 
as  president,  the  house  of  representatives  shall  choose  immedi- 
ately, by  ballot,  the  president.  But  in  choosing  the  president, 


332  THE  NATION 

the  votes  shall  be  taken  by  states,  the  representation  from  each 
state  having  one  vote;  a  quorum  for  this  purpose  shall  consist 
of  a  member  or  members  from  two  thirds  of  the  states,  and  a 
majority  of  all  the  states  shall  be  necessary  to  a  choice.  And 
if  the  house  of  representatives  shall  not  choose  a  president 
whenever  the  right  of  choice  shall  devolve  upon  them,  before  the 
fourth  day  of  March  next  following,  then  the  vice  president 
shall  act  as  president,  as  in  the  case  of  the  death  or  other  consti- 
tutional disability  of  the  president. 

The  person  having  the  greatest  number  of  votes  as  vice 
president,  shall  be  the  vice  president,-  if  such  number  be  a  ma- 
jority of  the  whole  number  of  electors  appointed,  and  if  no  per- 
son have  a  majority,  then  from  the  two  highest  numbers  on  the 
list  the  senate  shall  choose  the  vice  president;  a  quorum  for 
the  purpose  shall  consist  of  two  thirds  of  the  whole  number  of 
senators,  and  a  majority  of  the  whole  number  shall  be  necessary 
to  a  choice.  But  no  person  constitutionally  ineligible  to  the 
office  of  president  shall  be  eligible  to  that  of  vice  president  of  the 
United  States. 

Choice  of  Candidates. — It  is  sometimes  asserted  that  the 
president  and  vice  president  cannot  be  elected  from  the  same 
state.  This  is  not  likely  to  occur,  but  the  constitution  does 
not  prohibit  it.  Political  parties  always  take  the  precaution 
to  nominate  their  candidates  for  president  and  vice  president 
from  different  states,  in  order  not  to  disqualify  the  presi- 
dential electors  from  any  state  from  voting  for  the  candidates 
for  both  offices. 

Illustration. — This  may  be  made  plain  by  a  single  illus- 
tration. New  York  now  has  forty-five  electoral  votes.  Sup- 
pose one  of  the  great  political  parties  should  select  its  candi- 
dates for  president  and  vice  president  from  that  state,  and 
that  it  was  successful  in  electing  its  presidential  electors  in 


THE  EXECUTIVE  BRANCH  333 

that  state.  When  the  electors  met  to  cast  their  votes,  they 
could  vote  for  but  one  of  the  candidates,  because  of  the  con- 
stitutional provision  that  one  of  the  candidates  must  not  be 
a  resident  of  the  same  state  with  themselves. 

Clause  4 — Times  of  These  Elections 

The  congress  may  determine  the  time  of  choosing  the  electors, 
and  tlie  day  on  which  they  shall  give  tlieir  votes,  which  day 
shall  be  the  same  throughout  the  United  States. 

Summary. — The  following  summary  may  aid  in  the  study 
of  this  subject: 

1.  Nomination  of  candidates  for  president  and  vice  presi- 
dent by  each  of  the  great  political  parties.    This  is  done  by  a 
national  convention  composed  of  delegates  chosen  from  the 
d ilk-rent  states  by  conventions  held  for  that  purpose. 

2.  Nomination  of  presidential  electors  by  state  conven- 
tions, each  state  being  entitled  to  as  many  such  electors  as  it 
has  members  of  congress  in  both  houses. 

3.  Election  of  presidential  electors  the  Tuesday  next  after 
the  first  Monday  in  November  of  every  fourth  (leap)  year. 

4.  Meeting  of  the  presidential  electors  on  the  second  Mon- 
day of  January  following  their  election — usually  at  the  state 
capital. 

5.  At  this  meeting,  the  ballots  of  the  electors  are  cast  for 
the  nominees  of  their  party  for  president  and  vice  president. 

6.  The  ballots  must  be  separate  and  distinct,  each  showing 
the  name  of  the  candidate  and  the  name  of  the  office. 

7.  Three  separate  lists  of  the  votes  are  made,  signed  by  the 
electors,  sealed,  and  certified. 

8.  One  list  is  sent  to  the  president  of  the  United  States 
senate  by  mail;  the  second  is  sent  to  him  by  special  messenger, 

;enerally  by  one  of  the  electors  chosen  for  that  purpose;  and 


334  THE  NATION 

the  third  is  deposited  with  the  judge  of  the  United  States 
district  court  for  the  district  in  which  the  electors  meet. 

9.  The  certificates  from  all  the  states  are  opened  and 
counted  in  the  presence  of  both  houses  of  congress,  on  the 
second  Wednesday  of  February  following. 

House  of  Representatives. — In  case  no  choice  has  been 
made  by  the  presidential  electors,  the  house  of  representa- 
tives proceeds  at  once  to  the  election  of  a  president,  and  the 
senate  to  the  election  of  a  vice  president.  Reference  has 
already  been  made  to  the  election  of  Thomas  Jefferson  by 
the  house  of  representatives,  in  1801.  In  1824,  there  were 
four  candidates  for  the  presidency,  Andrew  Jackson,  who 
received  ninety-six  electoral  votes;  John  Quincy  Adams, 
eighty-four  votes;  William  H.  Crawford,  forty-one;  and 
Henry  Clay,  thirty-seven.  As  one  hundred  and  thirty  votes 
were  necessary  to  a  choice,  the  election  was  thrown  into  the 
house  of  representatives.  Of  the  twenty-four  states  then  in 
the  Union,  Adams  received  the  votes  of  thirteen,  and  he  was 
declared  duly  elected.  John  C.  Calhoun  had  received  a 
majority  of  the  electoral  votes  for  the  office  of  vice  president, 
and  he  was  therefore  elected  by  them. 

Senate. — Richard  M.  Johnson  was  chosen  vice  president 
by  the  senate,  in  1837,  the  only  time  that  the  election  of  vice 
president  has  devolved  upon  that  body.  He  had  lacked  but 
one  vote  of  an  election  by  the  presidential  electors,  and  this 
fact  showed  him  to  have  been  a  popular  candidate  with  the 
people.  If  the  house  of  representatives  fails  to  choose  a 
president,  when  that  duty  devolves  upon  it,  before  the  fourth 
day  of  March  following  the  meeting  of  the  electors,  the  vice 
president  will  become  president  of  the  United  States.  This 
has  never  happened  in  our  history. 

Electoral  Commission. — In  1876,  there  arose  a  dispute  in 


THE  EXECUTIVE  BRANCH  335 

I  some  of  the  states  as  to  the  choice  of  presidential  electors, 
|  both  of  the  great  political  parties  claiming  the  election  of 
their  candidates.  At  the  meeting  of  the  congress  for  the 
purpose  of  counting  the  electoral  votes,  it  was  found  that 
there  were  two  sets  of  certificates  from  South  Carolina, 
Florida,  Louisiana,  and  Oregon.  There  were  twenty-one 
votes  in  dispute  from  these  states.  No  case  of  this  kind  had 
ever  before  occurred  in  our  history,  and  the  law  which  Con- 
gress had  passed  to  cover  such  cases  was  inadequate  and  un- 
satisfactory. A  new  law  was  therefore  passed,  under  which 
a  joint  high  commission,  consisting  of  five  senators,  five  repre- 
sentatives, and  five  judges  of  the  supreme  court,  was  appointed 
to  settle  the  difficulty. 

Work  of  Commission. — This  commission  did  not  elect  the 
president,  as  is  sometimes  stated.  There  are  only  two  ways 
by  which  the  president  can  be  chosen.  The  commission  was 
empowered  to  take  testimony,  examine  into  election  frauds, 
and  decide  which  presidential  electors  had  been  properly 
chosen  in  the  disputed  states.  The  commission  decided  that 
Rutherford  B.  Hayes  was  entitled  to  the  twenty-one  electoral 
votes  from  the  disputed  states,  which  gave  him  one  more  vote 
than  his  opponent,  Samuel  J.  Tilden,  and  he  was  declared 
elected. 

Act  of  1887. — In  1887  congress  passed  an  electoral  count 
act,  which  provides  for  the  settlement  of  disputes  in  all  future 
eleetions.  Each  state  has  the  power  to  determine,  under  its 
own  laws,  what  men  are  the  electors  from  that  state. 

Electoral  College. — The  presidential  electors  of  the  state 
I  are  often  called  the  electoral  college,  and  the  same  term  is 
I  also  applied  to  all  the  presidential  electors  of  the  United 
j  States.  No  meeting  of  all  the  presidential  electors  is  ever 
held.  These  officers  are  usually  paid  a  small  per  diem  for 


336  THE  NATION 

the  time  they  are  in  attendance  at  the  meeting  at  the  state 
capital,  and  mileage  sufficient  to  defray  their  necessary  travel- 
ing expenses.  Each  state  regulates  this  matter  by  law.  Presi- 
dential electors  in  Washington  are  paid  five  dollars  a  day  for 
the  time  actually  employed  in  the  discharge  of  their  duties, 
and  ten  cents  a  mile  for  the  necessary  distance  traveled  in 
going  to  and  returning  from  the  seat  of  government. 

PART  II 

Clause  5 — Qualifications 

No  person  except  a  natural  born  citizen,  or  a  citizen  of  the 
United  States  at  the  time  of  the  adoption  of  this  constitution, 
shall  be  eligible  to  the  office  of  president;  neither  shall  any  per- 
son  be  eligible  to  that  office  who  shall  not  have  attained  to  the 
age  of  thirty -five  years,  and  been  fourteen  years  a  resident  within 
the  United  States. 

Qualifications  of  President. — It  would  seem  to  be  the  part 
of  wisdom  to  restrict  the  right  to  hold  the  highest  office  within 
the  gift  of  the  people  to  native-born  citizens  of  the  United 
States.  Many  of  the  ablest  members  of  the  constitutional 
convention,  and  many  other  persons  who  had  done  much  to 
help  the  colonies  in  their  struggle  for  independence,  were  not 
born  in  this  country.  It  was  for  these  two  classes  of  persons 
that  the  exception  was  made,  so  that  they  would  be  eligible 
to  the  presidency,  if  they  were  citizens  of  the  United  States  at 
the  time  of  the  adoption  of  the  constitution.  The  exception 
does  not  now  apply,  of  course,  on  account  of  the  lapse  of  time. 

Age. — The  minimum  age  required  for  president  and  vice 
president  is  certainly  low  enough.  No  person  has  ever  been 
chosen  to  either  of  these  offices  at  so  early  an  age  as  thirty- 
five  years. 


THE  EXECUTIVE  BRANCH  337 

Residence. — The  latter  part  of  this  clause  has  always  been 
a  matter  of  dispute  among  students  of  the  constitution.  It 
was  evidently  the  intention  of  the  founders  of  the  constitution 
to  have  the  "fourteen  years  a  resident  within  the  United 
States"  apply  to  the  fourteen  years  immediately  preceding 
the  election.  This  number  of  years  covers  the  period  from 
twenty-one  years,  the  earliest  voting  age,  to  thirty-five  years, 
the  minimum  age  at  which  a  person  may  be  elected  president 
or  vice  president. 

Interpretation. — In  the  absence  of  any  interpretation  of  this 
clause  by  the  supreme  court  of  the  United  States,  the  language 
of  the  constitution  must  be  taken  literally.  Viewed  in  this 
way,  any  fourteen  years  of  residence  within  the  United  States 
would  fill  the  requirement  of  this  clause;  but  there  is  little 
doubt  that  the  term  intended  by  the  founders  of  the  constitu- 
tion was  the  fourteen  years  immediately  preceding  the  elec- 
tion. 

Property  Qualifications  Suggested. — The  qualifications  re- 
quired for  president  and  vice  president  were  not  agreed  to 
without  a  great  deal  of  discussion.  Some  members  of  the 
convention  favored  a  property  qualification,  and  one,  more 
specific  than  the  others,  stated  that,  in  his  opinion,  any  person 
elected  president  should  be  required  to  certify  under  oath  that 
he  was  the  owner  of  real  estate  to  the  value  of  one  hundred 
thousand  dollars.  He  also  advocated  a  property  qualifica- 
tion for  all  the  important  officers  of  the  government. 

Vice  President. — The  qualifications  of  vice  president  are 
the  same  as  those  of  president.  This  is  perfectly  proper,  as 
the  vice  president  may,  at  any  time,  be  called  to  the  presi- 
dency. John  Tyler,  Millard  Fillmore,  Andrew  Jackson, 
Chester  A.  Arthur,  and  Theodore  Roosevelt  succeeded  to  the 
iidency  on  account  of  the  death  of  the  president. 


presi 


. 


338  THE  NATION 

™          x     Tr  •         T— .son 

Clause  0 —  Vacancies 

In  case  of  the  removal  of  the  president  from  office,  or  of 
death,  resignation,  or  inability  to  discharge  the  powers  and 
duties  of  the  said  office,  the  same  shall  devolve  on  the  vice 
president,  and  the  congress  may  by  law  provide  for  the  case  of 
removal,  death,  resignation,  or  inability,  both  of  the  president 
and  vice  president,  declaring  what  officer  shall  then  act  as 
president,  and  such  officer  shall  act  accordingly,  until  the  dis- 
ability be  removed,  or  a  president  shall  be  elected. 

Presidential  Succession. — Three  years  after  the  adoption 
of  the  constitution,  congress  passed  a  law  which  named  the 
president  pro  tempore  of  the  senate  and  the  speaker  of  the 
house  of  representatives  as  the  officers  in  the  line  of  succes- 
sion to  the  presidency,  in  case  of  the  inability  of  both  the 
president  and  vice  president  to  serve. 

Change  Needed. — By  the  death  of  President  Garfield,  in 
1 88 1,  Chester  A.  Arthur  succeeded  to  the  presidency.  It  so 
happened  that  congress  had  not  been  called  to  meet  in  special 
session  that  year,  and  so  neither  house  had  organized.  There 
was,  therefore,  no  president  pro  tempore  of  the  senate  or 
speaker  of  the  house.  The  question  was  often  asked  in  those 
days,  "  Who  will  become  president,  in  case  President  Arthur 
should  die?" 

Second  Instance. — Four  years  later,  Vice  president  Hen- 
dricks  died,  and  there  was  neither  a  president  pro  tempore  of 
the  senate  nor  speaker  of  the  house.  Congress,  on  assem- 
bling, considered  several  propositions  relating  to  the  line  of 
succession  to  the  presidency,  and  finally  adopted  the  follow- 
ing plan: 

Present  Law. — In  case  of  the  inability  of  both  president 
and  vice  president  to  serve,  the  members  of  the  president's 


THK  KXirUTIVE  BRANCH  339 

cabinet  were  designated  to  succeed  to  the  presidency  in  the 
order  named,  provided  they  are  eligible  to  the  office  of  pres- 
ident by  election. 

The  order  is:  (i)  secretary  of  state,  (2)  secretary  of  treas- 
ury, (3)  secretary  of  war,  (4)  attorney-general,  (5)  postmaster- 
general,  (6)  secretary  of  the  navy,  (7)  secretary  of  the  in- 
terior. 

Effect  of  Law. — The  vice  president  becomes  president  on 
the  death,  resignation,  or  removal  of  the  latter  from  office, 
and  he  serves  for  the-  remainder  of  the  term.  A  cabinet  officer 
who  succeeds  to  the  presidency  will,  under  the  present  law, 
serve  till  a  new  president  has  been  elected  in  the  usual  way. 
This  means  that  he  will  serve  for  the  remainder  of  the  unex- 
pired  presidential  term.  No  cabinet  officer  has  ever  been 
called  upon  to  act  as  president.  Presidents  William  Henry 
Harrison,  Zachary  Taylor,  Abraham  Lincoln,  James  A. 
Garfield,  and  William  McKinley  died  in  office,  and  were 
siuveeded  by  the  vice  president  in  each  case.  Had  President 
Johnson  been  convicted  on  impeachment  and  removed  from 
(office,  the  presidency  would  have  passed  to  the  president  pro 
tempore  of  the  senate. 

Clause  7 — Presidents  Salary 

The  president  shall,  at  stated  times,  receive  for  his  services 
compensation  which  shall  neither  be  increased  nor  dimin- 
shed  during  the  period  for  which  he  shall  have  been  elected, 
nd  he  shall  not  receive  within  that  period  any  other  emolu- 
unt  from  the  United  States,  or  any  of  them. 

Franklin's  Plan. — Franklin  was  very  much  opposed  to  this 
lause.    He  thought  that  the  officers  of  the  general  govern- 
icnt  should  serve  without  pay,  and,  in  a  paper  which  he 
repared  on  this  subject,  he  cited  the  example  of  Washing- 
Washington 22 


340  THE  NATION 

ton,  who  had  served  without  pay  as  commander  in  chief  of 
the  American  forces  during  the  Revolution.  He  was  in  favor 
of  having  the  actual  expenses  of  officers  borne  by  the  govern- 
ment. The  convention  decided  in  favor  of  salaries  for  all 
government  officers. 

Salary. — The  salary  of  the  president  is  seventy-five  thou- 
sand dollars  a  year,  and  he  has  the  use  of  the  executive  man- 


The  East  Room  of  the  White  House 

sion,  or  "White  House,"  which  is  furnished  and  cared  for  at 
the  expense  of  the  government.  The  salary  of  the  vice 
president  is  twelve  thousand  dollars  a  year,  and  that  of  the 
president  pro  tempore  of  the  senate  is  the  same  amount, 
whenever  he  is  called  upon  to  preside  during  a  session  of 
congress,  but  otherwise  his  salary  is  the  same  as  that  of  other 
senators.  The  salary  of  nearly  all  government  officers  is  paid 


THE  EXECUTIVE  BRANCH  341 

monthly,  but  some  of  the  subordinate  officers  receive  their 
pay  twice  each  month. 

Perquisites. — The  "White  House,"  as  the  executive  man- 
sion is  called,  was  begun  in  1792,  and  John  Adams  was  the 
first  president  to  occupy  it,  which  he  did  in  1800.  In  1814, 
the  British  set  fire  to  the  building,  but  heavy  rains  prevented 
any  great  injury  to  the  walls.  In  1817,  the  house  had  been 
rebuilt,  and  the  walls,  which  were  of  freestone,  were  painted 
white — hence  the  name  "White  House."  Many  improve- 
ments have  been  made  to  the  building  from  time  to  time,  and 
the  whole  structure  has  cost  the  government  more  than  a 
million  and  a  half  of  dollars.  This  building,  with  the  spacious 
grounds  adjoining,  is  occupied  by  the  president  during  his 
ollin'al  term.  In  addition  to  the  use  of  the  "White  House," 
with  its  furnishings  and  retinue  of  servants  and  guards,  many 
of  the  incidental  expenses  of  the  president  and  his  family  are 
borne  by  the  government,  except  the  expenses  for  food  and 
clothing. 

Expenses. — To  many  persons  the  salaries  of  president, 
congressmen,  judges,  and  other  officers  of  the  government 
seem  large,  but  the  expenses  connected  with  these  offices  are 
so  great  that  many  of  the  officers  are  not  able  to  save  anything 
from  their  salaries.  Few  of  the  presidents  of  the  United 
States  have  accumulated  any  property  while  in  office. 

England. — The  king  of  England  is  allowed  a  salary 
amounting  to  nearly  two  million  dollars  a  year,  and  an  addi- 
tional allowance  of  three  hundred  and  fifty  thousand  dollars  is 
made  to  the  other  members  of  the  royal  family.  By  far  the 
greater  part  of  these  sums  is  obtained  from  the  rent  of  prop- 
erty belonging  to  the  crown,  and  only  a  very  small  part  is 
raised  by  taxation.  The  other  European  nations  pay  large 
sums  of  money  annually  for  the  support  of  their  rulers. 


342  THE  NATION 

Clause  8— Oath 

Before  he  enter  on  the  execution  of  his  office,  he  shall  take  the 
following  oath  or  affirmation: — "/  do  solemnly  swear  (or  af- 
firm) that  I  will  faithfully  execute  the  office  of  president  of  tl 
United  Slates,  and  will  to  the  best  of  my  ability  preserve,  pro- 
tect, and  defend  the  constitution  of  the  United  States" 

How  Administered. — This  oath  is  administered  to  the 
president  by  the  chief  justice  of  the  supreme  court  of  the 
United  States,  and  generally  in  the  presence  of  thousands  of 
people  who  have  assembled  to  witness  the  ceremony.  As  the 
supreme  court  had  not  been  organized  when  Washington  was 
inaugurated,  the  oath  of  office  was  administered  to  him  by 
Chancellor  Robert  R.  Livingston,  of  New  York.  The  vice 
president  is  also  required  to  take  an  oath  of  office,  but  should 
he  be  called  upon  to  succeed  to  the  presidency,  he  then  takes 
an  additional  oath  as  president  of  the  United  States. 

PART  III 

SECTION  II.    POWERS  OF  THE  PRESIDENT 
Clause  I 

The  president  shall  be  commander  in  chief  of  the  army  and 
navy  of  the  United  States,  and  of  the  militia  of  the  several 
states,  when  called  into  the  actual  service  of  the  United  States; 
he  may  require  the  opinion,  in  writing,  of  the  principal  officer 
in  each  of  the  executive  departments,  upon  any  subject  relating 
to  the  duties  of  their  respective  offices,  and  he  shall  have  power 
to  grant  reprieves  and  pardons  for  offenses  against  the  United 
States,  except  in  cases  of  impeachment. 

Commander  in  Chief. — The  constitution  provides  that  the 
president  shall  be  the  commander  in  chief  of  all  the  land  and 


THE  EXECUTIVE  BRANCH  343 

naval  forces  of  the  United  States.  The  governor  of  each 
state  is  empowered  to  call  out  the  state  militia,  to  enforce  the 
laws  of  the  state  and  to  maintain  peace  within  its  borders,  if 
necessary,  but  he  has  not  the  power  to  send  them  outside  of 
the  state.  The  president  may  call  out  the  state  militia  to  aid 
in  executing  the  laws  of  the  nation,  or  to  suppress  insurrec- 
tion and  to  repel  invasion.  He  is  not  required,  or  expected, 
to  take  command  of  the  army  or  navy  in  person,  but  he  is  the 
one  upon  whom  the  direction  of  the  military  and  naval  oper- 
ations of  the  nation  must  fall.  Several  of  the  presidents  were 
experienced  generals  before  they  were  chosen  to  the  position 
of  chief  executive  of  the  nation.  Military  officers  are  ap- 
pointed to  the  command  of  the  different  divisions  of  the  army 
and  navy,  and  the  president  exercises  only  general  super- 
visory powers  over  their  action. 

Cabinet.— Although  the  constitution  does  not  provide  for 
the  organization  of  a  cabinet  of  advisers  for  tin  president,  the 
language  of  this  clause  >ecms  to  imply  that  the  government 
would  he  divided  into  departments  for  the  proper  enforce- 
ment of  its  laws.  It  would  be  impossible  for  the  president  to 
give  his  personal  attention  to  the  work  of  any  of  the  depart- 
ments as  now  organized,  in  addition  to  performing  the  other 
duties  now  devolving  upon  him. 

Departments. — There  are  now  nine  departments  of  the 
executive  branch  of  our  government.  The  title  of  the  chief 
officer  and  the  date  of  organization  of  each  department  are 
here  given. 

Department  of  state,  September,  1789. 

Department  of  treasury,  September,  1789. 

Department  of  war,  September,  1789. 

Post  office  department,  September,  1789. 

Department  of  navy,  May,  1789. 


344  THE  NATION 

Department  of  interior,  March,  1849. 

Department  of  justice,  June,  1870. 

Department  of  agriculture,  February,  1889. 

Department  of  commerce  and  labor,  February,  1903. 

Secretary  of  State. — The  secretary  of  state  is  usually  con- 
sidered the  highest  officer  in  the  cabinet,  probably  on  account 
of  the  nature  of  his  work.  Under  the  direction  of  the  presi- 
dent, he  carries  on  the  correspondence  of  the  nation  with 
foreign  powers.  He  is  the  custodian  of  the  great  seal  of  the 
United  States,  with  which  he  seals  all  state  papers  signed  by 
the  president  and  countersigned  by  him.  All  laws  of  con- 
gress, amendments  to  the  constitution,  proclamations  of  the 
president,  and  original  drafts  of  treaties  are  published  under 
his  direction.  Perhaps  the  most  important  part  of  his  work 
is  the  management  of  affairs  with  foreign  countries.  At  first, 
the  department  of  state  was  called  the  department  of  foreign 
affairs. 

Secretary  of  Treasury. — The  secretary  of  the  treasury  is 
the  legal  adviser  of  the  president  in  all  matters  relating  to  the 
finances  of  the  government.  He  proposes  plans  for  raising 
the  necessary  revenue  for  the  support  of  the  government,  and 
the  collection  of  all  public  money  is  intrusted  to  his  care. 
He  also  furnishes  congress  with  estimates  of  the  probable 
receipts  and  expenditures  of  the  government  for  each  ensu- 
ing year.  It  must  not  be  understood  that  the  secretary  of 
the  treasury  receives  and  distributes  the  money  belonging  to 
the  United  States.  That  work  is  done  under  the  direction  of 
the  treasurer  of  the  United  States,  who  is  one  of  the  subordi- 
nate officers  of  the  treasury  department. 

Other  Duties. — The  secretary  of  the  treasury  controls  the 
construction  of  public  buildings,  the  coinage  and  printing  of 
money,  the  life.-saving,  and  marine  hospital  branches  of  the 


THE  EXECUTIVE  BRANCH 


345 


public  service.  "To  promote  the  general  welfare,"  the  gen- 
eral government  expends  many  millions  of  dollars  annually, 
under  the  direction  of  the  different  bureaus  of  the  treasury 
department.  The  life-saving  service  alone  costs  the  govern- 
ment several  million  dollars  every  year. 

Bureaus. — The  work  of  the  treasury  department  is  sep- 
arated into  divisions  called  bureaus.  There  are  two  comp- 
trollers, six  auditors,  a  treasurer,  register,  commissioner  of 
internal  revenue,  two  or  three  directors,  and  a  bureau  of  en- 
graving and  printing.  Each  of  these  officers  has  very  im- 
portant work  to  do  in  the  management  of  the  financial  affairs 
of  the  nation. 


The  Treasury  Building,  Washington,  D.  C. 

Secretary  of  War. — The  secretary  of  war  is  the  chief  officer 
of  the  department  of  war,  and  he  controls  the  army,  under 
the  direction  of  the  president.  Certain  general  powers  are 
conferred  upon  him  by  law.  He  makes  the  estimates  for  the 
necessary  expenses  of  his  department,  superintends  the  pur- 
chase of  supplies  for  the  army,  and  has  charge  of  all  matters 
pertaining  to  the  building  of  forts  and  improvement  of  rivers 
and  harbors.  To  aid  him  in  the  discharge  of  his  duties,  cer- 


346  THE  NATION 

tain  assistants  are  appointed  to  take  charge  of  special  parts  of 
the  work  of  his  department. 

Secretary  of  Navy. — To  this  officer  is  entrusted  the  general 
supervision  of  the  navy,  under  the  direction  of  the  president. 
He  has  the  care  of  constructing  the  war  vessels  of  the  govern- 
ment, and  he  sees  that  they  are  properly  manned,  armed,  and 
equipped  for  service.  The  navy  yards  of  the  government  and 
the  marine  corps  are  controlled  by  him.  The  construction 
of  war  vessels,  their  armament  and  equipment,  the  hiring  of 
vessels  in  time  of  war,  and  much  other  important  work  con- 
nected with  the  navy  belongs  to  this  department.  Its  work 
is  managed  by  bureaus,  each  of  which  is  a  division  of  the 
navy  department. 

Postmaster-General.— The  postmaster-general  has  charge 
of  the  postal  affairs  of  the  government.  He  appoints  all  the 
subordinate  officers  of  the  post  office  department,  except  the 
first  four  assistants  and  postmasters  whose  salary  exceeds  a 
thousand  dollars  a  year.  The  amount  of  work  done  by  this 
department  is  enormous.  It  includes  the  purchase  of  supplies 
for  the  postmasters  and  other  postal  employees  of  the  United 
States,  the  printing  of  stamps  and  money  order  blanks  of  all 
kinds,  the  supervision  of  the  dead  letter  office,  the  railway 
and  foreign  mail  service,  the  letting  of  contracts  for  carrying 
the  mail,  and,  in  fact,  everything  connected  with  the  proper 
distribution  of  the  correspondence  of  the  people  of  the  nation. 
In  no  other  way  are  the  people  of  the  United  States  made  so 
intimately  acquainted  with  the  good  work  done  by  the  general 
government.  While  the  work  of  this  department  reaches 
every  family  in  the  nation,  comparatively  few  people  are 
brought  into  touch  with  the  work  of  the  other  departments. 

Department  of  Justice. — The  attorney-general  is  at  the 
head  of  this  department.  He  is  the  legal  adviser  of  the 


THE  EXECUTIVE  BRANCH  347 

president  and  the  members  of  the  cabinet,  and  he  is  required 
to  give  general  direction  to  the  work  of  attorneys  and  marshals 
in  the  different  districts  of  the  United  States.  The  office  of 
attorney-general  was  created  in  1789,  but  the  department  of 
justice  was  not  organized  until  1870.  This  department  ap- 
pears for  the  United  States  as  attorney  before  the  supreme 
court  or  the  court  of  claims  in  all  cases  in  which  the  govern- 
ment is  a  party.  The  attorney-general  has  several  assistants 
and  many  subordinate  officers  to  aid  him  in  the  discharge  of 
the  duties  properly  belonging  to  this  department. 

Department  of  the  Interior. — This  is  one  of  the  most 
important  departments  of  the  executive  branch  of  our  gov- 
ern ment.  The  secretary  of  the  interior  is  its  chief  officer, 
and,  under  his  direction,  all  public  business  relating  to  pen- 
sions, patents,  Indian  affairs,  and  public  lands  is  carried  on. 
He  has  the  care  of  the  national  parks  of  the  United  States, 
and  the  distribution  of  all  appropriations  for  agricultural  and 
mechanical  colleges  endowed  by  the  general  government. 
The  commissioner  of  patents,  commissioner  of  pensions,  com- 
missioner of  the  general  land  office,  commissioner  of  Indian 
affairs,  commissioner  of  education,  and  the  director  of  the 
geological  survey  are  some  of  the  important  officers  of  this  de- 
partment. 

Department  of  Agriculture. — The  department  of  agricul- 
ture was  established  in  1889.  Its  highest  officer  is  the 
sirri-tary  of  agriculture,  and  he  is  required  to  attend  to  all 
government  business  relating  to  farming.  The  agricultural 
experimental  stations  of  the  country  that  receive  any  support 
from  the  general  government  are  placed  under  his  charge. 
Valuable  experiments  in  the  cultivation  of  grain,  fruits,  and 
vegetables  are  performed  by  this  department,  and  the  result 
of  them  is  distributed  in  pamphlets  and  books  to  persons 


348  THE  NATION 

interested,  free  of  charge.  The  weather  bureau  is  a  division 
of  the  departure  of  agriculture.  Other  bureaus  have  charge  of 
experiments  in  animal  industries,  forestry,  and  the  investi- 
gations necessary  in  enforcing  the  pure-food  laws. 

Commerce  and  Labor. — The  department  of  commerce  and 
labor  has  a  great  amount  of  very  important  work  to  perform. 
It  promotes  the  industries  of  manufacturing,  mining,  fishing, 
and  commerce,  and  has  general  supervision  of  immigration, 
naturalization,  navigation,  and  the  taking  of  the  census,  as 
well  as  various  matters  of  special  interest  to  the  laboring 
classes  of  the  country.  The  different  bureaus,  of  the  depart- 
ment are  well  equipped,  and  much  very  efficient  work  is  done 
by  them. 

The  work  of  the  census  bureau  alone  employs  many  thou- 
sand persons  during  the  time  of  the  counting  of  the  people, 
and  the  compiling  of  the  census  reports  furnishes  employment 
for  many  people  throughout  the  entire  decade  following  the 
enumeration. 

Interstate  Commerce  Commission. — This  commission  con- 
sists of  seven  members  who  are  appointed  by  the  president 
and  confirmed  by  the  senate.  It  is  not  under  the  control  of 
any  of  the  nine  departments.  It  has  supervision  of  the  inter- 
state commerce  of  the  country,  for  the  correction  of  abuses  in 
the  transportation  of  goods  from  one  state  to  another.  It  has 
control  over  the  interstate  railroad  companies,  express  com- 
panies, etc.,  of  the  country  as  to  their  business  in  general,  and 
especially  with  reference  to  the  charges  made  for  carrying 
goods  different  distances.  The  work  of  this  commission  is 
growing  in  importance  and  value  to  the  people  of  the  country, 
and  many  abuses  in  domestic  commerce  have  been  corrected 
by  it.  The  commission  was  organized  in  1887.  As  there  are 
now  more  than  two  hundred  thousand  miles  of  railroad  in  the 


THE   EXECUTIVE    BRANCH  349 

United  States,  and  over  a  million  and  a  quarter  of  people 
employed  by  the  different  railway  companies  of  the  country, 
the  magnitude  of  the  work  of  this  commission  can  hardly 
be  realized. 

Civil  Service. — Many  offices  of  the  government  have  been, 
and  still  are,  considered  political.  By  this  plan,  a  change  of 
the  party  in  power  means  a  change  in  the  officials  in  these 
places,  for  political  reasons  only.  "To  the  victors  belong 
the  spoils,"  has  been  the  maxim  of  many  political  leaders  of 
all  parties  in  our  country,  but  the  sentiment  in  favor  of  con- 
tinued service  for  efficient  work  done  is  growing,  and  the 
time  is  not  far  distant  when  merit  rather  than  faith  in  any 
political  platform  will  determine  one's  fitness  for  office.  It 
is  to  be  hoped  that  the  appointment  of  postmasters  will  soon 
be  taken  out  of  the  hands  of  members  of  congress,  and  their 
appointment  made  according  to  the  rules  of  the  civil  service, 
or  their  choice  be  left  to  the  people,  as  in  the  case  of  other 
officers  of  a  purely  local  character. 

Civil  Service  Commission. — The  civil  service  commission 
was  provided  "To  regulate  and  improve  the  civil  service  of 
the  United  States."  There  are  three  commissioners,  a  chief 
examiner,  and  several  subordinate  officers.  The  places  in  the 
public  service  which  are  now  filled  by  appointment  of  persons 
who  have  passed  examinations  prescribed  by  this  commission, 
number  many  thousands,  and  the  list  is  increasing  every  year. 
Applications  for  the  positions  open  to  competitive  exami- 
nation may  be  made  by  any  person  who  complies  with  the 
rules.  The  purpose  of  the  commission  is  to  enable  the  presi- 
dent to  procure  competent  assistants  to  aid  in  executing  the 
laws  of  congress. 

Other  Executive  Officers. — Among  other  officers  not  under 
the  control  of  any  of  the  nine  departments,  are  the  public 


350 


THE  NATION 


printer  and  the  librarian  of  congress.  They  are  appointed 
by  the  president  with  the  consent  of  the  senate.  The  public 
printer  is  at  the  head  of  the  government  printing  office  at 
Washington  city — the  largest  establishment  of  its  kind  in  the 
world.  The  librarian  of  congress  has  charge  of  the  great  con- 
gressional library,  and  oversees  the  work  of  the  register  of 
copyrights. 


Senate  Reading  Room  in  the  Congressional  Library 

Term  of  Cabinet  Officers;  Salary.— The  members  of  the 
cabinet  are  appointed  by  the  president  to  serve  during  his 
term  of  office,  but,  in  case  of  the  death  of  the  president,  it  is 
customary  for  the  cabinet  to  place  their  resignations  in  the 
hands  of  his  successor  at  once.  When  a  president  has  been 
reflected,  he  may  or  may  not  change  any  or  all  of  the  mem- 
bers of  his  former  cabinet.  The  salary  of  each,  cabinet 


THE    EXECUTIVE    BRANCH  351 

officer  is  twelve  thousand  dollars  a  year.  The  annual  salary 
of  the  treasurer  of  the  United  States  is  eight  thousand  dollars; 
that  of  the  chairman  of  the  civil  service  commission  is  forty- 
five  hundred,  and  each  of  the  other  two  commissioners 
receives  four  thousand  dollars;  members  of  the  interstate 
commerce  commission  receive  ten  thousand  dollars  a  year 
each. 

Clause  2 — Consent  of  Senate 

He  shall  have  power,  by  and  with  the  advice  and  consent  of 
the  senate,  to  make  treaties,  provided  two  thirds  of  the  sena- 
tors present  concur;  and  he  shall  nominate,  and  by  and  with 
the  advice  and  consent  of  tlie  senate,  shall  appoint  ambassadors, 
other  public  ministers  and  consuls,  judges  of  the  supreme  court, 
and  all  other  officers  of  the  United  States,  whose  appointments 
arr  not  herein  otherwise  provided  for,  and  which  shall  be 
established  by  law;  but  the  congress  may  by  law  vest  the 
appointment  of  such  inferior  officers  as  they  think  proper,  in 
the  president  alone,  in  the  courts  of  law,  or  in  the  heads  of 
departments. 

Treaties. — The  power  of  a  nation  to  make  treaties  is  often 
called  a  sovereign  power.  It  was  feared  that  a  rash  president, 
acting  under  impulse,  might  be  led  to  exercise  the  treaty- 
making  power,  if  vested  in  him,  in  an  improper  or  unsatis- 
factory manner.  On  this  account,  the  concurrence  of  the 
senate,  by  two-thirds  vote  of  the  members  present,  is  necessary 
to  ratify  a  treaty  of  any  kind  between  the  United  States  and  a 
foreign  power. 

Appointment. — The  appointment  of  all  the  important  offi- 
cers of  the  government,  except  such  as  are  regularly  elected 
in  a  manner  prescribed  by  the  constitution  and  laws  of  the 
country,  is  made  by  the  president  and  confirmed  by  the 
senate.  Such  nominations  are  made  by  the  president  in 


352  THE  NATION 

writing,  and  the  senate  may  confirm  or  reject  the  nomina- 
tion, as  it  chooses. 

Clause  3 — Vacancies — How  Filled 

The  president  shall  have  power  to  fill  up  all  vacancies  that 
may  happen  during  the  recess  of  the  senate,  by  granting  com- 
missions which  shall  expire  at  the  end  of  their  next  session. 

Purpose. — This  clause  was  considered  necessary  in  order 
that  official  positions  in  which  vacancies  occur  may  be  filled 
by  the  chief  executive  during  the  time  the  senate  is  not  in 
session.  The  appointment  runs  to  the  close  of  the  next 
session  of  the  senate,  in  order  not  to  compel  that  body  to 
change  its  plan  of  business,  or  to  oblige  it  to  reach  a  decision 
in  the  appointment  of  officers  at  any  specified  time. 

PART  IV 

SECTION  III.     DUTIES  OF  THE  PRESIDENT 

He  shall  from  time  to  time  give  to  the  congress  information 
of  the  state  of  the  Union,  and  recommend  to  their  consideration 
such  measures  as  he  shall  judge  necessary  and  expedient;  he 
may,  on  extraordinary  occasions,  convene  both  houses,  or  either 
of  them,  and  in  case  of  disagreement  between  them,  with  respect 
to  the  time  of  adjournment,  he  may  adjourn  them  to  such  time 
as  he  shall  think  proper;  he  shall  receive  ambassadors  and 
other  public  ministers;  he  shall  take  care  that  the  laws  be  faith- 
fully executed,  and  shall  commission  all  the  officers  of  the  United 
States. 

President's  Message. — At  the  beginning  of  each  session  of 
congress,  the  president  makes  a  report  of  the  condition  of  the 
Union,  in  what  is  called  the  "President's  Message."  Presi- 
dents Washington  and  Adams  appeared  before  congress  on 


THE    EXECUTIVE    BRANCH  353 

the  first  day  of  each  session,  and  delivered  an  address  on  the 
condition  of  the  government,  at  the  same  time  making  such 
recommendations  as  seemed  necessary.  Washington  some- 
times met  with  the  senate  in  executive  session  to  consider  the 
needs  of  the  country.  It  was  doubtless  the  intention  of  the 
constitutional  convention  that  the  president  and  senate  might 
confer  frequently  with  regard  to  national  affairs,  but  this  is 
not  now  the  custom.  President  Jefferson  sent  a  written  mes- 
sage to  congress,  and  this  plan  has  been  followed  by  the  other 
presidents  down  to  the  present  time. 

Special  Session. — Presidents  John  Adams,  Jefferson,  Mad- 
ison, Van  Buren,  William  Henry  Harrison,  Pierce,  Lincoln, 
Hayes,  Cleveland,  McKinley,  Roosevelt,  and  Taft  have  found 
it  necessary  to  call  special  sessions  of  congress.  There  have 
been  only  fourteen  special  sessions  of  congress  thus  far,  but 
the  senate  is  often  required  to  remain  in  session  to  confirm 
appointments  after  the  adjournment  of  the  house  of  repre- 
sentatives. This  often  happens  in  the  odd-numbered  years, 
and  especially  in  those  in  which  there  is  a  change  of  president. 
The  term  of  office  of  representatives  of  each  alternate  con- 
gress expires  on  the  day  the  president  is  inaugurated,  and 
there  niay  be  no  necessity  for  reorganizing  the  house  at  that 
time.  Of  late  years,  it  has  been  the  custom  for  the  outgoing 
president  to  call  the  senate  to  meet  in  special  session  im- 
mediately after  the  new  president  has  taken  the  oath  of  office. 
This  courtesy  enables  the  new  president  to  secure  immediate 
confirmation  of  the  appointment  of  his  cabinet  officers  and 
other  important  assistants. 

Ambassadors,  etc. — The  term  minister  includes  several 
classes  of  officers  appointed  to  represent  the  government  at 
the  courts  of  foreign  nations.  Ambassadors,  envoys,  and 
ministers  plenipotentiary  are  all  included  under  the  general 


354  THE  NATION 

term  of  foreign  minister.  During  recent  years,  the  United 
States  has  appointed  ambassadors  to  ten  or  more  countries. 
The  different  classes  of  ministers  to  foreign  countries  represent 
the  government  in  an  official  or  political  capacity.  Consuls 
are  appointed  to  foreign  ports  to  represent  the  government 
in  commercial  matters.  The  appointment  of  ambassadors, 
ministers,  consuls,  and  other  representatives  of  our  govern- 
ment to  foreign  countries  is  an  important  duty,  and  it  is  of 
scarcely  less  importance  that  the  official  representatives  of 
other  nations  should  be  properly  received  by  the  president. 

Foreign  Ministers. — All  the  leading  nations  of  the  earth 
send  ministers  to  represent  them  at  our  national  capital. 
When  a  minister  from  a  foreign  country  arrives  at  Washing- 
ton, he  sends  his  commission  to  the  secretary  of  state,  and, 
in  a  short  time,  he  is  informed  as  to  whether  he  will  be 
received  as  the  representative  of  his  nation,  or  not.  If  his 
appointment  is  satisfactory,  he  then  makes  a  formal  visit  to 
the  president,  and,  during  the  interview  which  follows,  he  is 
notified  that  he  is  received  as  the  representative  of  his  country 
to  the  United  States.  It  sometimes  happens  that  our  govern- 
ment dismisses  the  representative  of  a  foreign  nation.  Some- 
times a  milder  form  of  dismissal  is  adopted,  the  minister 
being  recalled  by  his  own  government  at  the  request  of  the 
United  States  authorities. 

Salaries. — Ministers  to  a  few  of  the  most  important  coun- 
tries receive  an  annual  salary  of  seventeen  thousand,  five  hun- 
dred dollars.  Ministers  to  other  countries  receive  ten  thou- 
sand or  twelve  thousand  dollars  a  year  each.  Ministers 
resident  receive  from  five  thousand  to  ten  thousand  dollars  a 
year.  Consuls  receive  from  two  thousand  to  twelve  thousand 
dollars  a  year,  according  to  the  importance  of  the  cities  to 
which  they  are  assigned.  Consular  agents  in  some  minor 


THE   EXECUTIVE   BRANCH  355 

cities  are  paid  by  fees,  the  amount  being  very  small  in  some 
instances. 

Highest  Duty. — But  the  highest  duty  of  the  president  is  to 
see  that  the  laws  of  the  United  States  are  properly  enforced. 
The  president  cannot  do  this  work  alone,  but,  by  virtue  of 
the  power  vested  in  him  by  the  constitution  and  laws  of  con- 
gress, he  commissions  others  to  do  the  work.  His  work, 
officially ,  is  to  sign  public  documents,  commissions,  and  other 
papers  relating  to  the  enforcement  of  the  laws.  In  time  of 
war,  the  president  is  often  compelled  to  govern  in  a  way  that 
would  seem  to  be  very  arbitrary  in  time  of  peace.  Our  pres- 
idents, as  a  rule,  have  been  men  of  good  .judgment,  conserv- 
ative in  the  exercise  of  executive  authority,  and  so  there  has 
never  been  any  thought  that  the  president  might  usurp 
powers  not  fully  recognized  by  the  constitution. 

Commissions. — The  president  signs  the  commissions  of  all 
officers  of  the  United  States.  These  commissions  are  counter- 
signed by  the  secretary  of  the  proper  department  and  sealed 
with  the  seal  of  that  department.  The  following  is  an  exact 
copy  of  the  commission  of  the  postmaster  of  Spokane,  Wash- 
ington, and  a  change  in  the  name  of  the  office,  the  officer,  and 
the  location  is  all  that  is  necessary  to  make  the  commission 
applicable  to  any  office  filled  by  presidential  appointment: 

POSTMASTER'S  COMMISSION 

WILLIAM  HOWARD  TAFT 

PRESIDENT  OF  THE  UNITED  STATES  OF  AMERICA 

To  All  to  whom  these  Presents  shall  come,  Greeting: 

KNOW  YE,  That  reposing  special  trust  and  confidence  in  the  intelli- 
gence, diligence,  and  discretion  of  Walter  P.  Edris,  I  have  nominated, 
I    and  by  and  with  the  advice  and  consent  of  the  senate,  do  hereby  appoint 

KL:~n  postmaster  at  Spokane,  in  the  county  of  Spokane,  State  of  Washing- 
Washi  ngton — 23 


356  THE  NATION 

ton,  and  do  authorize  and  empower  him  to  execute  and  fulfill  the  duties  of 
that  office,  according  to  the  laws  of  the  United  States,  and  the  regulations 
of  the  post  office  department. 

And  to  have  and  to  hold  the  said  office,  with  all  the  rights  and  emolu- 
ments thereunto  legally  appertaining  unto  him,  the  said  Walter  P.  Edris, 
for  and  during  the  term  of  four  years,  from  the  twenty-sixth  day  of  July, 
1909,  subject  to  the  conditions  prescribed  by  law. 

IN  TESTIMONY  WHEREOF,  I  have  caused  these  letters  to  be  made 
patent,  and  the  seal  of  the  post  office  department  of  the  United  States  to 
be  hereunto  affixed. 

Given  under  my  hand,  at  the  city  of  Washington,  this  seventeenth  day 
of  August,  in  the  year  of  our  Lord,  one  thousand,  nine  hundred  and  nine, 
and  of  the  independence  of  the  United  States  of  America,  the  one  hun- 
dred and  thirty-fourth. 

By  the  President:  WM.  H.  TAFT. 

(SEAL)  FRANK  H.  HITCHCOCK,  POSTMASTER-GENERAL, 

SECTION  IV.    REMOVAL  FROM  OFFICE 

The  president,  vice  president,  and  all  civil  officers  of  the 
United  States,  shall  be  removed  from  office  on  impeachment  for , 
and  conviction  of,  treason,  bribery,  or  other  high  crimes  and 
misdemeanors. 

On  the  subject  of  impeachment,  read  pages  256-257. 

Treason;  Bribery.- — Treason  is  .defined  by  the  constitu- 
tion in  language  clear  and  definite:  "Treason  against  the 
United  States  shall  consist  only  in  levying  war  against  them, 
or  in  adhering  to  their  enemies,  giving  them  aid  and  com- 
fort." Bribery  is  one  of  the  hardest  crimes  to  punish  because 
of  the  difficulty  of  detection.  The  person  who  gives,  or  even 
offers  a  bribe,  is  guilty  of  a  crime,  but  the  constitutional  pro- 
vision given  above  applies  only  to  civil  officers.  The  pun- 
ishment for  bribery  is  fixed  by  law  and  the  penalties  are  very 
severe. 

State  Laws. — Nearly  all  the  states  provide  by  law  that  any 


THE    EXECUTIVE    BRANCH  357 

person  found  guilty  of  offering  to  purchase  the  influence  of 
any  officer  or  other  agent  by  an  offer  of  money,  or  other  article 
of  value,  is  guilty  of  felony,  and,  in  addition  to  other  punish- 
ment, he  is  forever  disqualified  from  exercising  the  right  of 
suffrage,  and  from  holding  any  position  of  honor,  trust,  or 
profit,  under  the  constitution  and  the  laws  of  the  state. 


CHAPTER  IX 
ARTICLE  III.    THE  JUDICIAL  BRANCH 

PART  I 
SECTION  I.    ORGANIZATION 

The  judicial  power  of  the  United  States  shall  be  vested  in 
one  supreme  court,  and  in  such  inferior  courts  as  the  congress 
may  from  time  to  time  ordain  and  establish.  The  judges,  both 
of  the  supreme  and  inferior  courts,  shall  hold  their  offices  dur- 
ing good  behavior,  and  shall,  at  stated  times,  receive  for  their 
services  a  compensation,  which  shall  not  be  diminished  during 
their  continuance  in  office. 

Organization. — The  organization  of  a  judicial  branch  of 
the  government  was  an  absolute  necessity.  Under  the  articles 
of  confederation,  there  was  no  tribunal  to  interpret  the  laws 
of  congress,  or  to  decide  cases  of  law  and  equity  among  the 
states  or  the  inhabitants  thereof. 

Independent. — An  effort  was  made  to  have  this  branch  of 
the  government  as  nearly  independent  of  the  other  two 
branches  as  possible.  To  prevent  the  judges  of  the  principal 
courts  from  feeling  any  dependence  upon  any  other  authority, 
these  officers  are  appointed  for  a  longer  term  than  those  of 
either  of  the  other  branches. 

Tenure  of  Office. — Judges  of  the  supreme  court  and  of 
the  regular  inferior  courts  are  appointed  to  serve  during  good 
behavior.  This  provision  is  certainly  a  wise  one,  as  it  insures 

358 


THE  JUDICIAL  BRANCH 


359 


impartial  decisions.  If  judges  were  appointed  for  a  short 
term  of  service,  they  might  be  influenced  by  an  undue  desire 
for  reelection,  and  their  decisions  might  be  modified  more  or 
less  on  that  account. 

Retirement. — Judges  seventy  years  old  or  more,  whose 
tenure  of  office  is  good  behavior,  may  retire  from  active  service 


Supreme  Court  Room 

and  yet  receive  full  salary  for  the  remainder  of  their  lives,  as  a 
kind  of  pension,  provided  they  have  had  at  least  ten  years' 
service  in  the  position  from  which  they  retire. 

Supreme  Court. — The  supreme  court  of  the  United  States 
is  the  highest  judicial  authority  of  the  nation.  As  the  court 
is  often  divided  in  opinion  upon  subjects  referred  to  it  for 
settlement,  it  was  found  advisable  to  have  an  odd  number  of 


360       .  THE  NATION 

judges  compose  the  court.  The  present  membership  is  nine, 
and  any  six  members  constitute  a  quorum.  The  decision  of  a 
majority  of  the  court  is  the  decision  of  the  court.  If  any 
member  objects  to  a  decision  that  has  been  made  by  the 
court,  he  is  privileged  to  render  a  minority  opinion,  differing 
from  the  action  of  the  majority.  One  term  of  the  supreme 
court  is  held  at  Washington  each  year,  beginning  on  the 
second  Monday  in  October. 

Chief  Justice. — One  of  the  members  of  the  supreme  court 
is  known  as  the  chief  justice,  and  the  other  eight,  as  associate 
justices.  If  a  vacancy  occurs  in  the  office  of  chief  justice,  the 
position  is  filled  by  appointment  in  the  usual  way,  and  thus 
it  sometimes  happens  that  a  person  who  has  had  no  experi- 
ence as  judge  of  any  court  may  be  appointed  chief  justice  of 
the  United  States  supreme  court.  Melville  W.  Fuller,  who 
was  appointed  chief  justice  of  the  supreme  court  by  President 
Cleveland,  in  1888,  had  had  no  experience  as  judge  of  any 
of  the  United  States  courts. 

Judges  of  the  Regular  Inferior  Courts. — Congress  has  pro- 
vided for  such  inferior  courts  as  have  been  found  necessary. 
The  United  States  is  divided  into  nine  judicial  circuits,  and  a 
judge  of  the  supreme  court  is  assigned  to  each  of  these  circuits 
as  circuit  judge  ex  officio.  Two,  three,  or  four  circuit  judges 
are  also  appointed  for  each  of  the  circuits  of  the  United  States. 
Each  state  constitutes  one  or  more  judicial  districts,  for  which 
a  district  judge  is  appointed.  There  are  about  ninety  of  these 
district  judges. 

Circuits. — The  judicial  circuits  of  the  United  States  are  as 
follows: 

1.  Maine,  New  Hampshire,  Massachusetts,  Rhode  Island. 

2.  Vermont,  Connecticut,  and  New  York. 

3.  New  Jersey,  Pennsylvania,  and  Delaware. 


THE  JUDICIAL  BRANCH  361 

4.  Maryland,  West  Virginia,  Virginia,  North  Carolina,  and 
South  Carolina. 

5.  Georgia,  Florida,  Alabama,  Mississippi,  Louisiana,  and 
Texas. 

6.  Ohio,  Michigan,  Kentucky,  and  Tennessee. 

7.  Indiana,  Illinois,  and  Wisconsin. 

8.  Minnesota,  Iowa,  Missouri,  Arkansas,  Nebraska,  Kan- 
sas,   Colorado,   North   Dakota,  South   Dakota,   Wyoming, 
Utah,  Oklahoma,  and  New  Mexico. 

9.  California,    Oregon,   Nevada,   Montana,   Washington, 
Alaska,  Arizona,  and  Hawaii. 

Circuit  Courts  of  Appeals. — In  1891,  congress  authorized 
a  circuit  court  of  appeals  for  each  judicial  circuit  of  the  United 
States.  The  justice  of  the  supreme  court  assigned  to  the 
circuit,  and  the  circuit  and  district  judges  of  the  circuit  are 
made  the  judges  of  this  court;  but  on  any  given  case  the  court 
consists  of  three  judges.  The  justice  of  the  supreme  court,  if 
present,  serves  as  the  presiding  officer  of  the  circuit  court  of 
appeals,  but,  in  hi>  absence,  the  court  is  presided  over  by 
the  circuit  judge  present,  who  has  had  the  longest  term  of 
service. 

Sessions. — One  term  of  this  court  is  held  annually,  and  the 
place  of  meeting  in  each  circuit  is  designated  by  law  as  fol- 
lows: First  circuit,  Boston;  second  circuit,  New  York;  third 
circuit,  Philadelphia;  fourth  circuit,  Richmond;  fifth  circuit, 
New  Orleans;  sixth  circuit,  Cincinnati;  seventh  circuit, 
Chicago;  eighth  circuit,  St.  Louis;  ninth  circuit,  San  Francisco. 

Purpose. — This  court  was  designed  as  a  means  of  relieving 
the  supreme  court  of  the  United  States,  and  also  of  the  exist- 
ing circuit  court.  Both  of  these  courts  had  been  crowded 
with  business,  which  was  delayed  year  after  year,  and  some 
relief  became  absolutely  necessary. 


362  THE  NATION 

Appeals. — Appeals  may  be  taken  from  the  district  court 
to  the  supreme  court,  or  to  the  circuit  court  of  appeals,  de- 
pending on  the  character  of  the  case.  But  the  judge  before 
whom  any  cause  was  tried  in  the  lower  court  is  prohibited 
from  serving  as  a  judge  of  the  circuit  court  of  appeals  dur- 
ing its  consideration  of  that  case. 

District  Courts. — Most  cases  for  the  federal  courts  are 
tried  in  the  first  place  in  a  district  court.  They  include  civil 
and  criminal  cases  arising  under  the  laws  of  the  United 
States.  A  district  court  is  held  by  each  district  judge. 

In  former  times  the  jurisdiction  now  exercised  by  the  dis- 
trict courts  was  divided  between  the  district  courts  and  the 
"  circuit  courts,"  one  of  which  was  held  in  each  district, 
usually  by  the  district  judge.  The  more  important  cases 
were  tried  in  the  circuit  court.  But  these  circuit  courts  were 
abolished  in  1912. 

Salaries. — The  salaries  of  all  officers  of  the  judicial  branch 
of  our  government  are  fixed  by  act  of  congress,  and  are 
payable  monthly.  The  salary  of  the  chief  justice  of  the  su- 
preme court  is  fifteen  thousand  dollars,  and  that  of  each 
associate  justice,  fourteen  thousand,  five  hundred  dollars  a 
year.  The  justices  are  also  allowed  additional  compensa- 
tion for  traveling  expenses. 

Circuit  judges  are  paid  seven  thousand  dollars  a  year, 
and  district  judges  six  thousand  dollars  a  year. 

Special  Courts ;  the  Court  of  Claims. — This  court  was  es- 
tablished in  1855,  and  it  has  an  important  work  to  perform. 
It  has  jurisdiction  over  certain  claims  against  the  United 
States  which  involve  disputed  points  of  law,  "  Where  the 
amount  claimed  exceeds  three  thousand  dollars,  or  where  the 
decision  will  affect  the  class  of  cases  or  furnish  a  precedent 
for  the  action  of  any  executive  department  in  the  adjustment 


THE  JUDICIAL  BRANCH  363 

of  a  class  of  cases,  or  where  any  authority,  right,  privilege, 
or  exemption  is  claimed  or  denied  under  the  constitution." 

The  chief  of  any  department  may  refer  to  this  court  any 
claim  that  it  may  have  pending,  and  it  then  becomes  the 
duty  of  the  court  to  look  up  the  law  involved,  and  to  give  its 
opinion  as  to  the  validity  of  the  claim.  The  departments 
are  thus  relieved  of  much  business  that  can  be  done  in  a  more 
careful  manner  by  the  court  of  claims.  Congress  also  refers 
certain  claims  to  this  court  for  investigation. 

Settlement  of  Claims. — If  a  claim  brought  against  the 
United  States  is  examined  by  the  court  of  claims  and  found 
just,  the  court  recommends  that  congress  make  an  appro- 
priation to  pay  the  necessary  amount;  and  its  recommenda- 
tions in  such  cases  arc  generally  followed.  Claims  to  be 
considered  by  this  court  must  be  commenced  within  six 
years  from  the  time  they  originated. 

Membership. — The  court  consists  of  five  members,  and  the 
concurrence  of  three  members  is  necessary  to  decide  a  case. 
The  regular  annual  sessions  are  held  at  Washington,  begin- 
ning on  the  first  Monday  in  December. 

Customs  Court. — The  tariff  act  of  1909  created  a  customs 
court  of  appeals  having  authority  in  all  cases  relating  to  the 
collection  of  import  duties,  with  no  appeal  to  any  higher 
court  except  on  questions  of  constitutionality.  The  court 
consists  of  five  judges,  with  a  salary  of  ten  thousand  dollars 
each. 

Supreme  Court  of  District  of  Columbia. — The  supreme 
court  of  the  District  of  Columbia  is  an  important  court.  It 
has  charge  of  such  cases  as  are  tried  in  the  circuit  and  district 
I  courts  of  the  United  States,  but  its  jurisdiction  is  limited  to 
the  District.  It  consists  of  a  chief  justice  and  five  associates. 
There  is  also  a  court  of  appeals  of  the  District  of  Columbia, 


364  THE  NATION 

consisting  of  three  members,  one  of  whom  is  known  as  the 
chief  justice.  The  term  of  office  of  these  judges  is  during 
good  behavior. 

Territorial  Courts. — Each  regularly  organized  territory  has 
a  system  of  courts,  authorized  by  congress.  The  territory  is 
divided  into  several  districts,  and  a  district  judge  is  appointed 
for  each.  Four  times  a  year,  the  district  judges  assemble  at 
the  territorial  capital  and  organize  as  the  supreme  court  of  the 
territory.  Cases  appealed  from  the  district  courts  are  exam- 
ined by  the  supreme  court,  and  the  decision  of  a  majority  of 
the  members  is  the  decision  of  the  court.  The  term  of  these 
officers  is  four  years,  but  the  office  expires  by  limitation  on  the 
admission  of  the  territory  into  the  Union  as  a  state. 

Attorney-General. — The  attorney-general  appears  before 
the  supreme  court  as  a  lawyer  to  defend  the  interests  of  the 
government.  A  district  attorney  is  appointed  for  each  judicial 
district  to  represent  the  government  in  cases  arising  in  the 
circuit  and  district  courts  of  the  United  States. 

Other  Officers. — Each  judicial  district  also  has  a  United 
States  marshal  whose  duties  correspond,  in  general,  to  those 
of  county  sheriff.  The  district  attorneys  and  marshals  are 
appointed  for  an  indefinite  time,  although  their  term  is  nom- 
inally four  years,  and  a  change  of  the  political  party  in  power 
generally  brings  about  a  change  of  all  these  officers.  Each 
court  also  has  a  clerk  who  is  appointed  by  the  judge  of  that 
court.  Each  marshal  and  clerk  names  such  assistants  as  are 
necessary  to  aid  him  in  the  discharge  of  his  duties,  and  he  is 
responsible  for  the  work  done  by  them. 


THE  JUDICIAL  BRANCH  365 

PART  II 

SECTION  II.    JURISDICTION  OF  COURTS 
Clause  I — Extent 

The  judicial  power  shall  extend  to  oil  cases,  in  law  and 
equity,  arising  under  this  constitution,  the  laws  of  the  United 
States,  and  treaties  made,  or  which  shall  be  made,  under  their 
authority;  to  all  cases  affecting  ambassadors,  oilier  public  min- 
isters, and  consuls;  to  all  cases  of  admiralty  and  maritime  juris- 
diction; to  controller sics  to  which  the  United  States  sliall  be  a 
party;  to  controversies  between  two  or  more  states;  between  a 
state  and  citizens  of  another  state;  between  citizens  of  different 
states;  between  citizens  of  the  same  state  claiming  lands  under 
grants  of  different  states,  and  between  a  state,  or  the  citizens 
thereof,  and  foreign  states,  citizens,  or  subjects. 

Jurisdiction. — This  clause  was  intended  to  define  in  general 
terms  the  jurisdiction  of  the  courts  of  the  United  States,  but, 
as  will  be  seen,  there  is  no  division  of  authority  made  by  the 
constitution.  The  supreme  court  determines  the  constitu- 
tionality of  laws  passed  by  congress,  when  an  appeal  has  been 
made  to  it,  in  a  proper  manner,  from  a  lower  court. 

Constitutionality. — Whenever  a  law  has  been  declared  un- 
constitutional, it  has  no  more  force  than  though  it  had  never 
been  enacted.  Laws  passed  by  congress  are  assumed  to  be 
based  upon  the  constitution,  until  they  have  been  declared  un- 
constitutional by  the  supreme  court.  This  court  cannot  act 
in  deciding  upon  the  constitutionality  of  a  law  until  some  case 
arises  requiring  such  decision.  In  one  important  instance, 
the  supreme  court  has  declared  a  law  unconstitutional  nearly 
forty  years  after  the  law  was  passed  by  congress.  The  Mis- 


366  THE  NATION 

souri  Compromise  of  1820  was  declared  unconstitutional  in 

1857- 

Law;  Equity. — Cases  of  law  are  generally  under  original 
jurisdiction  of  the  inferior  courts,  subject  to  appeal  to  the 
supreme  court,  as  provided  in  the  clause  relating  to  that 
court.  Equity  cases  are  those  which  are  not  covered  by  the 
express  terms  of  any  law,  but  are  such  as,  in  justice,  demand 
settlement  by  the  courts  of  the  land. 

Kinds  of  Jurisdiction.— Jurisdiction  is  original,  appellate, 
concurrent,  or  exclusive.  When  a  suit  must  be  commenced 
in  a  certain  court,  that  court  is  said  to  have  original  jurisdic- 
tion over  the  matter.  If  a  case  that  has  been  decided  by  one 
court  may  be  appealed  to  a  higher  court,  the  latter  is  said  to 
have  appellate  jurisdiction.  If  a  suit  may  be  commenced  in 
either  of  two  courts,  at  the  option  of  the  plaintiff,  the  courts 
have  concurrent  jurisdiction.  And  when  a  case  may  be  set- 
tled by  the  court  in  which  it  is  first  examined,  and  from  whose 
decision  there  is  no  appeal,  the  jurisdiction  is  final. 

Clause  2 — Jurisdiction  of  the  Supreme  Court 

In  all  cases  affecting  ambassadors,  other  public  ministers, 
and  consuls,  and  those  in  which  a  state  shall  be  a  party,  the 
supreme  court  shall  have  original  jurisdiction.  In  all  the 
other  cases  before  mentioned,  the  supreme  court  shall  have 
appellate  jurisdiction,  both  as  to  law  and  fact,  with  such  ex- 
ceptions and  under  such  regulations  as  the  congress  shall 
make. 

Supreme  Court. — In  the  class  of  cases  mentioned  in  the 
first  sentence  of  this  clause,  the  supreme  court  alone  has 
jurisdiction.  The  decision  of  this  court  is  final.  Certain 
cases  may  be  settled  by  the  inferior  courts,  and  from  their 
decision  there  is  no  appeal,  but  as  a  rule,  a  party  aggrieved 


THE  JUDICIAL  BRANCH  367 

by  the  decision  of  a  lower  court  may  appeal  to  the  circuit 
court  of  appeals,  or  to  the  supreme  court. 

Circuit  Court  of  Appeals. — In  general,  the  decisions  of  the 
circuit  courts  of  appeals  are  final,  in  the  cases  appealed  to 
them;  but  in  some  cases  an  appeal  may  be  taken  from  this 
court  to  the  supreme  court. 

District  Court.— The  district  courts  of  the  United  States 
arc  intrusted  with  the  punishment  of  crimes  committed  in 
violation  of  United  States  law.  They  have  general  juris- 
diction over  admiralty  cases,  crimes  committed  on  the  high 
seas,  counterfeiting,  violations  of  the  revenue  laws,  and 
bankruptcy.  They  also  have  jurisdiction  over  civil  cases 
arising  under  the  laws  of  the  United  States;  and  over  civil 
suits  between  citizens  of  different  states,  even  in  cases  aris- 
ing under  state  law. 

Eleventh  Amendment. — The  eleventh  amendment  to  the 
constitution  places  a  construction  upon  the  judicial  power  of 
the  government  which  should  be  considered  in  connection 
with  the  study  of  this  subject.  (See  page  386.) 

Clause  3 — Trial 

The  trial  of  all  crimes,  except  in  cases  of  impeachment,  shall 
be  by  jury;  and  such  trial  shall  be  held  in  the  state  wJiere  the 
said  crimes  shall  have  been  committed;  but  when  not  committed 
within  any  state,  the  trial  shall  be  at  such  place  or  places  as 
the  congress  may  by  law  have  directed. 

Jury  Trial. — The  right  to  a  trial  by  jury  in  all  criminal 
cases,  except  those  of  impeachment,  is  guaranteed  to  all  per- 
sons accused  of  breaking  the  laws  of  the  United  States.  Im- 
peachment is  excepted,  because  the  constitution  provides 
the  method  by  which  such  cases  are  to  be  disposed  of.  (See 
pages  256,  264.) 


368  THE  NATION 

SECTION  III.    TREASON 
Clause  I 

Treason  against  ike  United  States  shall  consist  only  in  levy- 
ing war  against  them,  or  in  adhering  to  their  enemies,  giving 
them  aid  and  comfort.  No  person  shall  be  convicted  of  treason 
unless  on  the  testimony  of  two  witnesses  to  the  same  overt  act, 
or  on  confession  in  open  court. 

Meaning. — This  definition  of  treason  is  a  clear  one,  requir- 
ing little  explanation.  It  is  understood  by  the  term  "overt" 
act,  that  some  definite  act  of  treason  must  be  performed  to 
bring  a  person  under  penalty  for  the  crime.  The  mere  con- 
spiring against  the  government  or  entering  into  a  plot  to  sub- 
vert its  authority  is  not  treason.  An  act  of  treason  can  be 
done  only  by  a  person  who  is  a  citizen  of  the  country  against 
which  the  act  is  performed.  It  follows,  therefore,  that  a  man 
cannot  be  a  traitor  to  a  foreign  country.  A  traitor  to  his 
country  is  always  held  in  the  deepest  contempt  by  all  good 
citizens. 

Punishment. — According  to  the  constitution,  there  must  be 
two  witnesses  to  testify  to  the  same  overt  act  of  treason,  or  the 
offender  must  confess  his  crime  in  open  court,  in  order  that 
there  may  be  conviction  for  any  act  of  treason.  It  is  intended 
that  the  confession  of  the  crime  of  treason  cannot  be  proved 
by  witnesses,  but  it  must  be  made  in  open  court.  This  is 
done  to  prevent  a  person  from  being  convicted  of  the  crime 
of  treason  on  hearsay  evidence.  Several  laws  for  the  punish- 
ment of  treason  have  been  passed  by  congress.  The  present 
law  provides  for  the  death  penalty,  or,  at  the  discretion  of 
the  court,  imprisonment  for  five  years  at  hard  labor  and  a 
fine  of  not  less  than  ten  thousand  dollars.  The  person  found 


THE  JUDICIAL  BRANCH  369 

guilty  of  treason  is  always  disqualified  from  holding  any 
position  of  honor  or  trust  under  the  government. 

Clause  2 — Punishment 

The  congress  sttall  have  power  to  declare  the  punishment  of 
treason,  but  no  attainder  of  treason  shall  work  corruption  of 
blood  or  forfeiture  except  during  the  life  of  the  person  attainted. 

Purpose. — This  prohibition  upon  congress  to  pass  a  bill  of 
attainder  of  treason  seems  a  strange  one  to  us,  in  these  days 
of  personal  liberty,  but  not  many  generations  before  the 
adoption  of  the  constitution  of  the  United  States,  parliament 
passed  very  severe  laws  for  the  punishment  of  treason  among 
British  subjects.  The  person  found  guilty  of  treason  was 
often  seized  and  put  to  death  with  great  cruelty.  His  property 
was  confiscated  by  the  crown,  and  his  legal  hn'rs  were  declared 
to  be  disqualified  from  inheriting  or  transmitting  property. 
His  blood  was  said  to  be  attainted,  and  none  of  his  descend- 
ants could  i-ver  claim  any  of  his  property.  This  clause  from 
our  constitution  shows  the  growth  of  liberal  sentiment  in 
matters  of  government. 


CHAPTER  X 

ARTICLE  IV.    THE  RELATIONS  OF  THE  STATES 
SECTION  I.    STATE  RECORDS 

Full  faith  and  credit  shall  be  given  in  each  state  to  the  public 
acts,  records,  and  judicial  proceedings  of  every  other  state.  And 
the  congress  may  by  general  laws  prescribe  the  manner  in 
which  such  acts,  records,  and  proceedings  shall  be  proved,  and 
the  effect  thereof. 

Wise  Provision. — This  provision  served  to  place  the  states 
on  a  friendly  footing.  In  no  other  way  could  the  founders  of 
the  constitution  have  hoped  to  establish  justice  among  the 
states.  So  valuable  has  this  clause  proved,  that  the  decision 
of  a  suit  at  law  in  one  state  is  very  often  made  the  basis  of 
settlement  of  a  similar  case  in  another  state. 

State  Constitutions. — The  United  States  constitution  guar- 
antees to  each  state  a  republican  form  of  government.  To 
insure  this,  each  state  has  adopted  a  constitution  providing 
for  three  branches  of  government,  corresponding  to  those  of 
the  United  States  government.  The  constitution  of  each  state 
is  submitted  to  congress  for  approval  before  the  state  is  ad- 
mitted into  the  Union.  The  constitution  of  the  United  States, 
laws  passed  by  congress,  and  the  treaties  made  by  the  United 
States,  apply  to  the  whole  country.  Laws  passed  by  the  legis- 
lature of  any  state  are  based  upon  the  constitution  of  that 
state.  A  comparative  study  of  the  constitutions  of  the  several 

370 


THE  RELATIONS  OF  THE  STATES  371 

states  shows  that  while  they  have  many  points  in  common, 
they  are  widely  different  in  many  other  respects.  Each  con- 
stitution provides  for  its  own  amendment,  and  there  is  also 
provision  for  the  adoption  of  a  new  constitution  in  nearly  all 
of  the  states,  whenever  there  seems  to  be  a  popular  demand 
for  it. 

Certified  Records. — Certified  copies  of  records  and  judicial 
proceedings  may  be  sent  from  one  state  to  another,  to  be  used 
in  evidence,  and,  if  properly  certified,  they  have  the  same 
force  and  effect  as  though  they  had  been  made  in  the  state  in 
which  they  are  to  be  used  by  transcript. 

State  Laws. — Each  state  may  have  its  own  statutes,  or  laws, 
relating  to  records  of  different  kinds.  For  example,  South 
Dakota  requires  two  witnesses  to  the  signature  of  persons 
deeding  real  estate,  in  addition  to  the  proper  acknowledgment 
of  the  signatures  before  some  officer  authorized  to  take  such 
acknowledgment.  In  Washington,  no  witnesses  are  required, 
unless  the  signature  is  made  by  a  "  mark,"  in  which  case  a  wit- 
ness to  the  mark  is  required.  A  resident  of  South  Dakota, 
wishing  to  deed  land  he  may  own  in  Washington,  must  comply 
with  the  Washington  law,  and  a  person  in  Washington,  to 
deed  land  in  South  Dakota,  must  comply  with  the  law  of  the 
latter  state. 

SECTION  II.    RELATIONS  OF  CITIZENSHIP 

Clause  I — Citizens 

The  citizens  of  each  stale  shall  be  entitled  to  all  privileges  and 
immunities  of  citizens  in  the  sei'eral  states. 

Privileges. — This  clause  was  the  outgrowth  of  the  bitter  ex- 
perience of  some  of  the  states  in  their  dealings  with  their 
neighbors.  Petty  jealousies  caused  some  of  the  states  to  deny 
to  the  surrounding  states  certain  privileges  that  were  granted 

Washington-24 


372  THE  NATION 

to  the  citizens  of  more  remote  states.  The  wisdom  of  this 
clause  is  apparent.  When  a  citizen  of  one  state  removes  to 
another,  he  acquires  the  right  to  vote  only  by  complying  with 
the  requirements  of  the  constitution  and  laws  of  the  state  to 
which  he  has  removed. 

Clause  2 — Fugitives  from  Justice 

A  person  charged  in  any  state  with  treason,  felony,  or  other 
crime,  who  shall  flee  from  justice,  and  be  found  in  another  state, 
shall,  on  demand  of  the  executive  authority  of  the  state  from 
which  he  fled,  be  delivered  up,  to  be  removed  to  the  state  having 
jurisdiction  of  the  crime. 

Requisition. — The  demand  of  the  executive  authority  of  a 
state  for  the  surrender  of  an  escaped  criminal  is  called  a  req- 
uisition, and  the  official  papers  in  such  cases  are  known  as 
requisition  papers.  A  felony  is  a  crime  punishable  by  death 
or  imprisonment  in  the  penitentiary.  A  state  has  jurisdiction 
over  crimes  committed  within  its  own  borders.  Criminals 
fleeing  from  justice  often  cross  the  boundary  line  of  a  state  for 
the  purpose  of  gaining  time,  as  a  warrant  issued  in  one  state 
cannot  legally  be  served  in  another.  The  governor  of  a  state 
seldom  refuses  to  grant  the  request  made  in  a  requisition,  al- 
though that  sometimes  happens.  If  it  were  not  for  this  provi- 
sion, crime  would  be  much  more  frequent  than  it  now  is. 

Extradition. — The  plan  of  giving  up  criminals,  when  ap- 
plication has  been  made  in  the  proper  manner,  is  often  re- 
sorted to  by  nations.  The  laws  relating  to  this  subject  are 
called  extradition  laws.  The  United  States  has  made  extradi- 
tion treaties  with  many  of  the  leading  nations  of  the  earth. 

Clause  J — Fugitives  from  Service 

No  person  held  to  service  or  labor  in  one  state,  under  the  laws 
thereof,  escaping  into  another,  shall,  in  consequence  of  any  law 


THE  RELATIONS  OF  THE  STATES  373 

or  regulation  therein,  be  discharged  from  such  service  or  labor, 
but  shall  be  delivered  up  on  a  claim  of  the  party  to  whom  such 
service  or  labor  may  be  due. 

Clause  Obsolete. — This  clause  is  obsolete,  owing  to  the  ab- 
olition of  slavery.  In  a  few  instances,  it  may  have  applied  to 
persons  bound  to  service  for  a  term  of  years.  Its  necessity  in 
former  years  seemed  absolute  to  the  slaveholder,  but  the 
"  underground  railroad  "  tells  the  history  of  violations  of  the 
provisions  of  this  clause. 

SECTION  III.    NEW  STATES  AND  TERRITORIES 
Clause  I — The  Admission  of  New  States 

New  states  may  be  admitted  by  the  congress  into  this  Union; 
but  no  new  state  shall  be  formed  or  erected  within  the  jurisdic- 
tion of  any  other  state,  nor  any  state  be  formed  by  the  junc- 
tion of  two  or  more  states  or  parts  of  states,  without  the  consent 
of  the  legislatures  of  the  states  concerned,  as  well  as  of  the  con- 
gress. 

Canada ;  New  States. — The  articles  of  confederation  pro- 
vided that  Canada  might  be  admitted  into  the  Union,  but  no 
action  was  taken  by  that  province.  The  thirteen  original 
states  included  a  narrow  strip  of  land  along  the  Atlantic  sea- 
board, but  so  many  additions  in  territory  have  been  made, 
that  there  is  now  in  the  United  States  more  than  four  times 
its  original  area. 

Territory. — The  following  territory  has  been  acquired  by 
the  general  government: 

1783-1802.  Lands  between  original  states  and  the  Mis- 
sissippi river,  by  treaty  with  Great  Britain,  and  cessions  by 
various  states. 

1803.  The  Louisiana  Purchase,  from  France,  by  purchase, 
for  fifteen  million  dollars. 


374 


THE  NATION 


1819.  Florida,  from  Spain,  by  purchase,  for  five  million 
dollars. 

1845.  Texas,  by  annexation. 

1846.  Oregon  country,  by  treafy  with  Great  Britain,  in 
admission  of  claims  based  on  several  grounds. 

1849.  Mexican  cession,  by  conquest  and  purchase  for  r- 
sum  of  eighteen  million,  three  hundred  and  fifty  thousand 
dollars. 

1853.  The  "Gadsden  Purchase,"  from  Mexico,  by  pur- 
chase, for  ten  million  dollars. 

1867.  Alaska,  from  Russia,  by  purchase,  for  seven  million, 
two  hundred  thousand  dollars. 

1898.  Hawaii,  formerly  an  independent  kingdom,  after- 
wards a  republic,  by  annexation. 

1898.  Porto  Rico,  Guam,  and  the  Philippines,  from  Spain, 
by  conquest  and  purchase  for  twenty  million  dollars. 

1899.  Tutuila,  by  treaty  with  Great  Britain  and  Germany. 
1904.  Panama  Canal  Strip,  by  treaty. 

States  Formed. — From  this  territory,  thirty-five  new 
states  have  been  formed,  and  there  is  still  a  large  tract  under 
territorial  government,  and  several  insular  dependencies. 

Action  in  Congress. — There  are  no  special  requirements 
that  a  territory  must  possess,  before  it  can  seek  admission  into 
the  Union.  The  territorial  delegate  generally  urges  the  matter 
upon  the  attention  of  congress,  and,  if  it  is  considered  advis- 
able to  organize  a  territory  into  a  state,  a  law  called  an  ena- 
bling act  is  passed  by  congress.  This  law  gives  the  people  of 
the  territory  the  right  to  hold  a  convention  for  the  purpose  of 
framing  a  state  constitution,  and,  on  compliance  with  cer- 
tain conditions,  to  be  admitted  as  a  state. 

Constitutional  Convention. — The  new  constitution  is  sub- 
mitted to  the  people  of  the  territory  to  be  voted  upon  by  them, 


THE  RELATIONS  OF  THE  STATES  375 

and  if  a  majority  of  the  votes  cast  are  in  favor  of  it,  the  con- 
stitution is  adopted.  Copies  of  the  constitution  are  sent  to  the 
president  and  to  each  house  of  congress,  and,  if  its  provisions 
are  satisfactory,  the  state  is  then  formally  declared  to  be  ad- 
mitted into  the  Union. 

Exceptions. — There  was  no  enabling  act  passed  by  con- 
gress for  the  admission  of  Michigan,  Oregon,  and  some  other 
status.  Vermont,  Kentucky,  Maine,  Texas,  California,  and 
West  Virginia  were  m-\vr  territories.  Texas  was  admitted 
by  annexation,  California  was  organized  as  a  state  and  ad- 
mitted by  congress  instead  of  being  first  erected  into  a  terri- 
tory, and  the  other  four  named  were  erected  from  the  terri- 
tory of  the  states  to  which  they  had  belonged. 

West  Virginia. — When  Virginia  decided  to  secede  from  the 
Union  at  the  breaking  out  of  the  Civil  War,  forty-eight  coun- 
ties in  the  western  part  of  the  state  determined  to  remain  loyal 
to  the  general  government.  This  they  did,  and,  in  1863,  they 
were  admitted  as  a  separate  state  and  called  West  Virginia. 
This  was  done  in  direct  violation  of  the  constitution  of  the 
United  States,  but  it  was  considered  necessary  as  a  war 
measure. 

No  new  state  has  ever  been  formed  by  the  junction  of  two 
or  more  states. 


376  THE  NATION 

ritories  and  dependencies  of  the  United  States  and  for  the 
District  of  Columbia.  A  fully  organized  territory  has  a 
governor  and  judges  appointed  by  the  president  and  con- 
firmed by  the  senate;  and  a  legislature  composed  of  mem- 
bers chosen  by  the  people  of  the  territory.  A  territory  also 
elects  a  delegate  to  congress,  whose  duty  it  is  to  look  after 
matters  of  special  importance  to  his  territory.  The  terri- 
torial delegates  sit  in  the  house  of  representatives.  They 
may  take  part  in  debate,  but  they  are  not  permitted  to  vote 
on  any  subject.  They  receive  the  same  salary  as  members 
of  congress.  Porto  Rico  and  the  Philippines  are  governed 
much  like  territories,  but  in  their  legislatures  the  members 
of  one  house  are  appointed  by  the  president.  Porto  Rico 
elects  one  commissioner,  and  the  Philippines  two  commis- 
sioners, who  have  seats  in  the  house  of  representatives  with 
the  same  rights  as  territorial  delegates. 

SECTION  IV.    STATE  GOVERNMENT 

The  United  States  shall  guarantee  to  every  state  in  this  Union 
a  republican  form  of  government,  and  shall  protect  each  of  them 
against  invasion,  and  on  application  of  the  legislature,  or  of  the 
executive  (when  the  legislature  cannot  be  convened),  against 
domestic  violence. 

Invasion;  Insurrection. — Since  the  states  surrendered  to 
congress  the  control  of  the  army  and  navy  of  the  nation,  as 
well  as  the  right  to  maintain  a  standing  army,  it  is  right  that 
there  should  be  some  guaranty  of  protection  to  the  states  in 
case  of  invasion  or  insurrection.  During  the  strike  of  1907 
at  Goldfield,  Nevada,  the  president  sent  United  States  troops 
to  aid  in  keeping  order.  It  is  not  often  that  troops  have 
been  needed  for  the  purpose  indicated  in  this  section. 


CHAPTER  XI 

ARTICLE  V.     AMENDMENTS  TO  THE   CON- 
STITUTION 

PART  I 

The  congress,  whenever  two  thirds  of  both  houses  shall  deem 
it  necessary,  shall  propose  amendments  to  this  constitution,  or, 
on  the  application  of  the  legislatures  of  two  thirds  of  the  several 
states,  shall  call  a  convention  for  proposing  amendments,  which, 
in  either  case,  shall  be  valid  to  all  intents  and  purposes,  as 
part  of  this  constitution,  when  ratified  by  the  legislatures  of 
three  fourths  of  the  several  states,  or  by  conventions  in  three 
fourths  thereof,  as  the  one  or  the  other  mode  of  ratification 
may  be  proposed  by  the  congress;  provided  that  no  amendment 
which  may  be  made  prior  to  the  year  one  thousand  eight  hun- 
dred and  eight  shall  in  any  manner  affect  the  first  and  fourth 
clauses  in  the  ninth  section  of  the  first  article;  and  that  no  state, 
without  its  consent,  shall  be  deprived  of  its  equal  suffrage  in  the 
senate. 

Amendments. — One  of  the  weaknesses  of  the  articles  of 
confederation  was  that  they  did  not  provide  for  any  altera- 
tion or  amendment.  Another  was  that  they  were  drafted  in 
time  of  war  and  under  peculiar  circumstances,  so  that  they 
provided  for  the  needs  of  the  hour  rather  than  for  the  future. 
One  of  the  strong  features  of  the  constitution  of  the  United 
States  is  that  it  deals  in  general  provisions.  It  provides  a 

377 


378  THE  NATION 

general  plan  for  the  organization  of  the  different  departments 
of  the  government,  without  being  specific  as  to  the  plan  of  put- 
ting these  provisions  into  operation.  The  government  of  1789 
was  very  crude  in  comparison  with  the  government  of  to-day, 
but  owing  to  the  flexibility  of  the  constitution  and  the  wisdom 
manifested  by  those  who  framed  it,  in  leaving  to  congress  the 
power  to  legislate,  in  a  specific  manner,  for  the  needs  of  the 
people  from  time  to  time,  the  constitution  has  answered  the 
demands  of  every  period  of  the  nation's  existence.  The  con- 
stitution may  be  amended,  if  occasion  demands,  but  the  task  is 
not  an  easy  one.  Thus  far,  only  twenty-one  amendments 
have  been  formally  proposed,  of  which,  fifteen  have  been 
ratified,  and  two  (1912)  are  under  consideration  by  the 
states.  This  fact  indicates  the  stability  of  our  government. 

Processes. — The  constitution  provides  two  methods  for  its 
own  amendment,  but  the  first  method  has  alone  been  tried. 
All  the  amendments  that  have  been  adopted  were  proposed  by 
congress  and  ratified  by  the  state  legislatures.  Nearly  a  thou- 
sand amendments  to  the  constitution  have  been  proposed  in 
congress,  but,  as  stated  above,  only  fifteen  have  been  adopted. 

Ratification. — When  an  amendment  has  been  proposed  in 
the  regular  way,  it  must  be  ratified  by  the  legislatures  of 
three  fourths  of  the  states,  before  it  becomes  a  part  of  the 
constitution.  The  constitution  of  the  United  States  was 
submitted  to  conventions  in  the  several  states  for  ratification 
by  them,  and  it  was  some  time  before  the  assent  of  some  of 
the  states  could  be  obtained.  New  York  "halted  between 
two  opinions"  for  more  than  a  year,  and  it  was  more  from 
selfish  motives  than  for  the  general  welfare  of  all  the  states 
that  she  finally  ratified  the  constitution.  Rhode  Island  and 
North  Carolina  were  not  in  the  Union  when  Washington  was 
inaugurated. 


AMENDMENTS  TO  THE  CONSTITUTION          379 

Bill  of  Rights. — That  the  constitution  was  not  entirely  sat- 
isfactory to  the  people  at  the  time  of  its  adoption  is  shown  by 
the  fact  that  the  first  ten  amendments  were  proposed  by  con- 
gress at  its  first  session.  This  did  not  reflect  upon  the  wisdom 
of  the  members  of  the  constitutional  convention,  but,  on  the 
contrary,  it  showed  that  they  were  anxious  to  gratify  the 
wishes  of  the  people  in  the  formation  of  a  new  constitution. 
It  was  understood  before  the  convention  adjourned  that  noth- 
ing in  the  nature  of  a  "Bill  of  Rights"  should  be  made  a  part 
of  the  constitution,  but  that  everything  of  that  kind  should 
emanate  from  the  people,  after  they  had  been  given  an  oppor- 
tunity to  study  the  constitution  itself.  The  first  ten  amend- 
ments are  often  called  the  "Bill  of  Rights."  They  were 
ratified  by  the  states  and  declared  to  be  a  part  of  the  constitu- 
tion, in  1791.  Twelve  amendments  were  voted  on  at  this 
time,  but  only  ten  of  them  received  the  approval  of  the 
states. 

Other  Amendments. — The  eleventh  amendment  was  pro- 
posed in  1796,  but  it  was  not  adopted  until  1798.  The  twelfth 
amendment  was  submitted  to  the  people  in  1803,  and  ratified 
the  following  year.  The  last  three  amendments  relate  to  the 
slavery  question.  Their  provisions  are  sometimes  stated  in 
this  way:  "The  thirteenth  amendment  freed  the  negro,  the 
fourteenth  made  him  a  citizen,  and  the  fifteenth  gave  him  the 
right  to  vote."  The  thirteenth  amendment  was  proposed  and 
adopted  in  1865,  the  fourteenth,  in  1868,  and  the  fifteenth, 
proposed  in  1869,  was  ratified  in  1870.  The  amendments  will 
now  be  given  and  discussed  in  order. 

ARTICLE  I.    FREEDOM  GUARANTEED 

Congress  shall  make  no  law  respecting  an  establishment  of 
religion,  or  prohibiting  the  free  exercise  thereof;  or  abridging  the 


380  THE  NATION 

freedom  of  speech  or  of  the  press;  or  the  right  of  the  people 
peaceably  to  assemble,  and  to  petition  the  government  for  a  re- 
dress of  grievances. 

Religious  Freedom,  etc. — The  rights  guaranteed  by  this 
article  were  very  dear  to  the  people  at  the  time  our  govern- 
•ment  was  organized.  It  will  be  remembered  that  several  of 
the  colonies  were  settled  by  those  who  wished  to  secure  free- 
dom from  religious  persecution  in  England.  By  this  clause, 
congress  is  prohibited  from  passing  any  law  to  abridge  the 
freedom  of  speech  or  of  the  press,  or  the  right  of  peaceable 
assembly  and  petition.  Because  these  rights  were  denied  the 
colonies  by  the  British  government,  they  rebelled,  and  their 
rebellion  resulted  in  revolution  and  the  establishment  of  a  new 
form  of  government.  Every  person  may  be  held  responsible 
for  the  abuse  of  the  right  of  freedom  of  speech  and  of  the  press. 
The  Declaration  of  Independence  showed  how  keenly  the 
people  felt  the  refusal  of  the  king  to  permit  them  to  assemble 
peaceably  and  to  petition  the  government  for  a  redress  of 
grievances. 

ARTICLE  II.    RIGHT  TO  BEAR  ARMS 

A  well-regulated  militia  being  necessary  to  the  security  of  a 
free  state,  the  right  of  the  people  to  keep  and  bear  arms  shall 
not  be  infringed. 

Militia. — The  subject  of  militia  has  been  discussed  quite 
fully  in  another  part  of  this  volume.  Every  state  in  the  Union 
maintains,  an  organized  militia,  small  in  numbers,  but  suffi- 
cient for  all  needs  in  time  of  peace.  This  amendment  must 
not  be  construed  to  give  to  individuals  the  right  to  carry  con- 
cealed weapons.  Such  a  practice  is  considered  a  dangerous 
one,  and  it  is  made  a  misdemeanor  by  the  laws  of  nearly  all  of 
the  states. 


AMENDMENTS  TO  THE  CONSTITUTION          381 


ARTICLE  III.    QUARTERING  SOLDIERS 

No  soldiers  shall,  in  time  of  peace,  be  quartered  in  any  house 
without  the  consent  of  the  owner,  nor  in  time  of  war,  but  in  a 
manner  to  be  prescribed  by  law. 

Civil  Power  Supreme. — The  "  Quartering  Act,"  passed  by 
parliament,  aroused  the  anger  of  the  people  of  Massachu- 
setts, in  the  days  preceding  the  Revolution.  It  is  no  wonder 
that  the  people  desired  to  be  secure  against  military  interfer- 
ence in  either  peace  or  war.  As  we  are  not  a  warlike  people, 
it  has  always  been  the  policy  of  the  government  to  make  the 
military  subordinate  to  the  civil  power. 

ARTICLE  IV.    SECURITY  AGAINST  UNWARRANTED  SEARCHES 

The  rii'J't  of  the  people  to  be  secure  in  their  persons,  houses, 
papers,  and  effects,  against  unreasonable  searches  and  seizures, 
shall  not  be  violated,  and  no  warrants  sliall  issue  but  upon 
probable  cause,  supported  by  oath  or  affirmation,  and  particu- 
larly describing  the  place  to  be  searched,  and  the  persons  or 
things  to  be  seized. 

Purpose. — This  article  is  also  the  result  of  the  arbitrary  rule 
of  the  British  government  over  the  American  colonies.  For 
many  years  preceding  the  Revolution,  revenue  officers  were 
sent  to  the  colonies  to  collect  duties  on  imported  goods  and  to 
prevent  smuggling.  The  officers  were  provided  with  general 
search  warrants,  called  "writs  of  assistance,"  which  em- 
powered them  to  search,  wherever  they  chose,  for  goods  that 
they  thought  had  been  brought  into  the  country  contrary  to 
law.  Because  of  their  opposition  to  the  revenue  officers  sent 
over  by  the  English  government,  John  Hancock  and  Samuel 
Adams  were  considered  archtraitors,  and,  in  a  general  am- 


382  THE  NATION 

nesty  offered  to  the  people  of  Massachusetts,  these  two  men 
were  not  included. 

General  search  warrants  issued  under  authority  of  United 
States  laws,  or  by  United  States  officers,  are  prohibited  by 
this  amendment.  If  any  search  is  necessary,  it  must  be  made 
under  authority  of  a  particular  search  warrant,  specifying  the 
place  to  be  searched. 

ARTICLE  V.    LIFE,  LIBERTY,  AND  PROPERTY 

No  person  shall  be  held  to  answer  for  a  capital  or  otherwise 
infamous  crime,  unless  on  a  presentment  or  indictment  of  a  grand 
jury,  except  in  cases  arising  in  the  land  or  naval  forces,  or  in  the 
militia,  when  in  actual  service  in  time  of  war  or  public  danger; 
nor  shall  any  person  be  subject  for  the  same  offense  to  be  twice 
put  in  jeopardy  of  life  or  limb;  nor  shall  be  compelled  in  any 
criminal  case  to  be  a  witness  against  himself,  nor  be  deprived 
of  life,  liberty,  or  property,  without  due  process  of  law;  nor  shall 
private  property  be  taken  for  public  use  without  just  compensa- 
tion. 

Purpose. — This  article  applies  only  to  cases  arising  under 
United  States  laws.  Nearly  all  the  states,  however,  have 
incorporated  this  amendment  into  their  constitutions.  Of- 
fenses in  the  army,  navy,  and  militia  are  punished  by  court- 
martial. 

Persons  Accused. — When  a  person  accused  of  crime  has 
been  tried  and  either  convicted  or  acquitted,  he  cannot  be  re- 
quired to  submit  to  another  trial  or  punishment  for  the  same 
offense.  In  case  of  a  disagreement  of  a  jury,  the  person  ac- 
cused will  be  held  for  a  second  trial.  It  is  a  wise  provision 
that  grants  to  a  person  accused  of  crime  the  right  to  remain 
silent,  if  he  chooses.  This  is  on  the  principle  that  every  per- 
son charged  with  crime  is  considered  innocent  until  he  has 


AMENDMENTS  TO  THE  CONSTITUTION          383 

been  proved  guilty.    The  right  to  a  fair  and  impartial  trial  is 
also  assured  to  every  person  accused  of  crime. 

Property  Condemned. — It  sometimes  becomes  necessary  to 
convert  private  property  to  the  use  of  the  public.  Railroads 
have  been  constructed  in  all  directions  throughout  the  United 
States,  and  very  often  the  owners  of  property  along  the  pro- 
posed lines  of  railway  have  refused  to  sell  the  land  needed  for 
the  right  of  way.  In  such  cases,  the  railway  company  pro- 
ceeds, in  a  legal  manner,  to  have  the  land  needed  set  apart  for 
their  use.  Property  thus  taken  is  said  to  be  condemned,  and 
this  can  be  done  only  by  awarding  to  the  owner  just  compen- 
sation for  the  property  seized.  In  nearly  all  the  states,  the 
condemnation  of  property  is  regulated  by  law.  It  is  recog- 
nized as  a  principle,  in  such  cases,  that  the  commissioners 
appointed  to  assess  damages  on  account  of  the  property 
condemned,  shall  not  take  into  account  any  benefit  that  will 
result  to  the  owner  of  the  land  on  account  of  the  proposed 
improvement.  Property  in  cities  is  often  condemned  by  the 
government  for  the  use  of  streets  and  alleys,  and  also  for  the 
erection  of  public  buildings. 

ARTICLE  VI.    RIGHTS  OF  PERSONS  ACCUSED 

In  all  criminal  prosecutions,  the  accused  shall  enjoy  the  right 
to  a  speedy  and  public  trial,  by  an  impartial  jury  of  the  state  and 
district  wherein  the  crime  shall  have  been  committed,  which  dis- 
trict shall  have  been  previously  ascertained  by  law,  and  to  be 
informed  of  the  nature  and  cause  of  the  accusation;  to  be 
confronted  with  the  witnesses  against  him;  to  have  compulsory 
process  for  obtaining  witnesses  in  his  favor,  and  to  have  the 
assistance  of  counsel  for  his  defense. 

Fair  Trial. — It  will  be  seen  that  it  is  the  purpose  of  the  con- 
stitution to  give  every  person  accused  of  crime  the  benefit  of 


384  THE  NATION 

any  reasonable  doubt  as  to  his  guilt,  and  also  to  put  him  to  as 
little  inconvenience  as  possible,  in  submitting  to  a  trial.  Not 
every  person  accused  of  crime  is  found  guilty,  and  it  is  in- 
tended that  innocent  persons  shall  not  be  made  to  suffer  for 
offenses  committed  by  others. 

Judicial  Districts. — The  districts  referred  to  in  this  amend- 
ment are  designated  by  congress.  Washington  is  divided 
into  two  United  States  judicial  districts — the  eastern  and  the 
western — and  violators  of  the  law  of  congress  in  this  state 
are  tried  in  the  district  in  which  the  offense  is  committed. 

Rights  of  Accused. — A  person  accused  of  crime  against 
the  federal  government  must  be  informed  of  the  nature  of 
the  offense,  and  he  must  also  be  confronted  by  the  witnesses 
against  him.  Witnesses  summoned  in  behalf  of  the  person 
accused  of  crime  are  compelled  to  attend  the  trial,  and  coun- 
sel for  the  accused  is  also  provided — at  the  expense  of  the 
government,  if  necessary.  No  pains  will  be  spared  to  enable 
a  person  to  show  himself  to  be  innocent  of  the  crime  with 
which  he  is  charged,  if  it  can  be  done. 

ARTICLE  VII.    JURY  TRIAL  IN  COMMON-LAW  SUITS 

In  suits  at  common  law,  where  the  value  in  controversy 
shall  exceed  twenty  dollars,  the  right  of  trial  by  jury  shall  be 
preserved,  and  no  fact  tried  by  a  jury  shall  be  otherwise  re- 
examined  in  any  court  of  the  United  States,  than  according  to 
the  rules  of  the  common  law. 

Civil  Suits. — This  article  is  intended  to  apply  to  civil  suits, 
under  the  federal  laws,  and  to  any  other  federal  cases  not 
specially  designated  by  preceding  amendments.  In  the  trial 
of  any  case,  the  justice  or  judge  interprets  the  law  as  he 
understands  it,  and  the  jury  arrives  at  the  facts  of  the  case, 
so  far  as  they  are  brought  out  by  the  evidence.  A  new  trial 


AMENDMENTS  TO  THE  CONSTITUTION          385 

may  be  held  before  the  same  court  for  good  cause  shown.  In 
the  hearing  of  a  case  before  a  higher  court  on  appeal,  the 
facts  as  shown  in  the  lower  court  may  be  examined  for  the 
purpose  of  determining  whether  the  court's  rulings  have 
been  properly  made,  and  whether  the  law  in  the  case  has 
been  properly  applied,  or  not. 

ARTICLE    VIII.     EXCESSIVE    BAIL,   FINES,    AND   PUNISH- 
MENTS FORBIDDEN 

Excessive  bail  shall  not  be  required,  nor  excessive  fines  im- 
posed, nor  cruel  and  unusual  punishments  inflicted. 

Punishments. — The  language  of  this  article  is  in  harmony 
with  tin-  other  amendments  relating  to  punishments.  Bail 
should  not  be  excessive,  and  fines  are  intended  to  be  commen- 
surate with  the  nature  of  the  offenses  to  be  punished.  Our 
courts  are  disposed  to  be  lenient  in  dealing  with  criminals,  and 
yet  justice  tempered  with  mercy  is  to  l>r  desired  in  many  cases, 
rather  than  justice  with  undue  severity. 

ARTICLE  IX.     RIGHTS  RESERVED 

The  enumeration  in  the  constitution  of  certain  rights  shall 
not  be  construed  to  deny  or  disparage  otliers  retained  by  the 
people. 

Personal  Rights. — It  is  intended  that  all  rights  properly  be- 
longing to  a  free  people  shall  be  enjoyed  by  the  inhabitants  of 
the  United  States.  This  clause  reserves  to  the  people  all  their 
personal  rights,  except  such  as  are  specially  surrendered  for 
the  common  good  by  express  provisions  of  the  constitution. 
It  would  be  impossible  to  enumerate  all  the  rights  that  may 
belong  to  a  free  people,  but  all  such  rights  of  whatever  nature 
are  reserved  to  the  people,  unless  the  constitution  specially 
provides  that  some  of  them  must  be  surrendered  for  the  public 


386  THE  NATION 

good.  The  right  of  the  government  to  demand  military  serv- 
ice of  its  citizens  is  a  just  one,  and  necessary  to  the  protection 
of  its  institutions.  All  able-bodied  male  citizens  between  the 
ages  of  eighteen  and  forty-five  are  made  subject  to  military 
duty,  at  the  need  of  the  nation,  whether  they  are  willing  or  not. 

ARTICLE  X.    LIMITATIONS  OF  THE  NATIONAL  GOVERNMENT 

The  powers  not  delegated  to  the  United  States  by  the  constitu- 
tion, nor  prohibited  by  it  to  the  states,  are  reserved  to  the  states 
respectively  or  to  the  people. 

Rights  Reserved. — This  amendment  is  so  plain  that  its  pur- 
pose is  easily  understood.  It  expressly  provides  that  any 
powers  not  specially  delegated  to  the  general  government  by 
the  constitution  are  reserved  to  the  states  respectively,  or  to 
the  people.  In  other  words,  the  powers  of  our  national  gov- 
ernment are  fully  defined  in  the  constitution. 

PART  II 

ARTICLE  XI.    LIMIT  TO  JURISDICTION  OF  UNITED  STATES 

COURTS 

The  judicial  power  of  the  United  States  shall  not  be  con- 
strued to  extend  to  any  suit  in  law  or  equity,  commenced  or  pros- 
ecuted against  one  of  the  United  States  by  citizens  of  another 
state,  or  by  citizens  or  subjects  of  any  foreign  state. 

State  Debts. — This  amendment  provides  that  a  state  can- 
not be  sued  by  citizens  of  another  state  or  by  srubjects  of  any 
foreign  power.  It  is  supposed  that  a  state  will  be  willing  to 
pay  its  honest  debts,  if  able  to  do  so.  A  claim  against  a  state, 
not  specially  provided  for  by  law,  is  paid  by  appropriation 
made  by  the  legislature.  Some  of  the  states  have  been  heavily 
in  debt  at  different  times,  and,  in  some  instances,  states  have 
been  obliged  to  repudiate  their  debts. 


AMENDMENTS  TO  THE  CONSTITUTION          387 

ARTICLE  XII.    METHODS  OF   CHOOSING  PRESIDENT  AND 
VICE  PRESIDENT 

(This  amendment  is  discussed  fully  in  connection  with  the 
executive  branch  of  the  government;  see  pages  331-333.) 

ARTICLE  XIII.    SLAVERY 

Neither  slavery  nor  involuntary  servitude,  except  as  a  pun- 
ishment for  crime  whereof  the  party  shall  liave  been  duly  con- 
i'i<  />•<!,  shall  exist  within  the  United  States ,  or  any  place  subject 
to  their  jurisdiction. 

Congress  shall  have  power  to  enforce  this  article  by  appropri- 
ate legislation. 

Slavery. — It  will  be  remembered  that  the  subject  of  slavery 
was  one  of  the  questions  that  could  not  be  settled  by  the  con- 
stitutional convention.  The  Missouri  Compromise  served  to 
show  that  at  some  future  time  a  desperate  struggle  must  be 
had  to  settle  whether  this  nation  should  abolish  slavery  or  not. 
"A  nation  cannot  exist,  half  slave  and  half  free."  The  aboli- 
tion party,  under  the  leadership  of  William  Lloyd  Garrison, 
Wendell  Phillips,  and  others,  had  for  its  mission  the  over- 
throw of  slavery  in  the  United  States.  Down  to  1850,  the 
slave  power  in  congress  had  been  able  to  secure  the  admission 
of  a  slave  state,  whenever  a  free  state  was  admitted  into  the 
Union.  "Uncle  Tom's  Cabin,"  written  by  Harriet  Beecher 
Stowe,  in  1852,  aroused  bitter  opposition  to  slavery  as  an  in- 
stitution. Although  slavery  was  not  one  of  the  immediate 
causes,  it  was  one  of  the  actual  causes  and  the  success  of  the 
Union  forces  meant  the  overthrow  of  slavery. 

Slavery  Abolished. — This  article  abolished  slavery.  The 
"  Emancipation  Proclamation,"  issued  by  President  Lincoln, 

Washington — 25 


388  THE  NATION 

in  1863,  was  intended  as  a  war  measure,  and,  while  its  pur- 
pose was  to  free  the  slaves  in  those  districts  which  were  then 
in  rebellion  against  the  government,  it  did  not  abolish  slavery 
as  an  institution.  That  proclamation  did  not  disturb  slavery 
in  Delaware,  Maryland,  Kentucky,  Tennessee,  Missouri,  and 
those  parts  of  Virginia  and  Louisiana  that  were  not  in  re- 
bellion against  the  United  States.  This  amendment  was  pro- 
posed by  congress  in  January,  1865,  and  it  was  declared  by 
Secretary  Seward  to  be  a  part  of  the  constitution  of  the 
United  States,  December  18,  1865. 

ARTICLE  XIV.    RECONSTRUCTION 
Section  I — Citizenship 

All  persons  born  or  naturalized  in  the  United  States,  and  sub- 
ject to  the  jurisdiction  thereof,  are  citizens  of  the  United  States 
and  of  the  state  wherein  they  reside.  No  state  shall  make  or  en- 
force any  law  which  shall  abridge  the  privileges  or  immunities 
of  citizens  of  the  United  States;  nor  shall  any  state  deprive  any 
person  of  life,  liberty,  or  property,  without  due  process  of  law; 
nor  deny  to  any  person  within  its  jurisdiction  the  equal  protec- 
tion of  the  laws. 

Citizenship. — Until  the  adoption  of  the  fourteenth  amend- 
ment, citizenship  was  a  subject  about  which  there  was  much 
dispute.  It  was  claimed  by  some  that  citizenship  can  be  con- 
ferred only  by  the  general  government,  while  others  were 
equally  certain  that  the  whole  subject  is  one  that  each  state 
must  settle  for  itself.  This  was  one  of  the  subjects  upon  which 
there  was  a  division  of  sentiment  between  the  North  and  the 
South,  all  along  through  our  history.  The  advocates  of 
"State  Rights"  insisted  that  there  can  be  no  such  thing  as 
citizenship  of  the  United  States.  The  language  of  the  amend- 


AMENDMENTS  TO  THE  CONSTITUTION          389 

ment  is  so  clear  as  to  leave  no  doubt  now  as  to  the  use  of  the 
term  citizen.  Every  pupil  in  our  public  schools  should  be 
taught  this  sentence:  "All  persons  born  or  naturalized  in  the 
United  States,  and  subject  to  the  jurisdiction  thereof,  are  citi- 
zens of  the  United  States  and  of  the  state  wherein  they 
reside." 

Equal  Rights. — The  second  part  of  this  section  is  intended 
to  give  all  classes  of  citizens  the  equal  protection  of  the  laws. 
It  was  feared  that  the  negroes  would  suffer  much  at  the  hands 
of  their  former  masters,  and  that  laws  would  be  passed  to  deny 
to  the  emancipated  slaves  the  rights  to  which  they  were  en- 
titled under  the  constitution.  It  took  many  years  for  both 
oksaes  at  the  S/mth  to  adjust  themselves  to  their  changed  con- 
dition, after  the  abolition  of  slavery.  There  was  no  more  con- 
flict than  might  have  been  expected,  when  we  consider  how 
powerful  an  institution  slavery  had  become.  The  time  is  not 
far  distant  when  the  last  clause  of  this  section  will  be  obeyed 
in  spirit,  as  well  as  in  letter,  throughout  the  length  and 
breadth  of  our  land. 

Section  II — Representation 

Representatives  shall  be  apportioned  among  the  several  states 
according  to  their  respective  numbers,  counting  the  whole  num- 
ber of  persons  in  each  state,  excluding  Indians  not  taxed.  But 
when  the  right  to  vote  at  any  election  for  the  choice  of  electors  for 
president  and  vice  president  of  the  United  States,  representatives 
in  congress,  the  executive  and  judicial  officers  of  a  state,  or  the 
members  of  the  legislature  thereof,  is  denied  to  any  of  the  male 
inhabitants  of  such  state,  being  twenty-one  years  of  age,  and  cit- 
izens of  the  United  States,  or  in  any  way  abridged,  except  for 
participation  in  rebellion,  or  other  crime,  the  basis  of  representa- 
tion therein  shall  be  reduced  in  the  proportion  which  the  number 


390  THE  NATION 

of  such  male  citizens  shall  bear  to  the  whole  number  of  male  citi- 
zens twenty-one  years  of  age  in  such  state. 

Representation. — The  effect  of  this  section  was  to  include 
the  emancipated  slaves  in  the  basis  of  representation.  When 
the  constitution  was  adopted,  it  provided  that,  in  addition  to 
the  white  population  and  Indians  who  were  taxed,  three  fifths 
of  all  other  persons  should  be  counted  in  apportioning  repre- 
sentatives. By  this  plan,  five  slaves  were  counted  as  three 
whites.  This  section  provides  for  the  counting  of  all  the 
people  of  the  United  States,  excluding  Indians  not  taxed,  in 
making  up  the  ratio  of  apportionment  of  representatives. 

Ratio  of  Representatives. — The  latter  part  of  this  section  is 
intended  to  prevent  the  states  from  placing  any  restriction 
upon  the  right  of  the  negro  to  vote,  if  qualified  according  to 
the  constitution  of  the  state  in  which  he  resides.  And  in  case 
any  restriction  is  made,  the  persons  thus  deprived  of  the  right 
to  vote  are  not  to  be  counted  in  determining  the  representa- 
tion of  that  state  in  congress.  As  might  have  been  expected, 
there  was  bitter  opposition  to  granting  to  the  negro  the  right 
to  vote  and  hold  office  in  the  southern  states;  but  the  national 
government  insisted  on  this  being  done.  As  each  state  is  per- 
mitted to  determine  the  qualifications  of  its  own  voters,  an 
educational  qualification  has  been  provided,  in  recent  years, 
in  some  of  the  southern  states,  with  the  thought  of  preventing 
the  negro  from  voting  or  holding  office,  because  he  could  not 
meet  this  requirement. 

Section  III — Effects  of  Rebellion 

No  person  shall  be  a  senator  or  representative  in  congress,  or 
elector  of  president  or  vice  president,  or  hold  any  office,  civil  or 
military,  under  the  United  States,  or  under  any  state,  who,  hav- 
ing previously  taken  an  oath,  as  a  member  of  congress,  or  as  an 


AMENDMENTS  TO  THE  CONSTITUTION  391 

officer  of  the  United  States,  or  as  a  member  of  any  state  legisla- 
ture, or  as  an  executive  or  judicial  officer  of  any  state,  to  support 
the  constittition  of  the  United  States,  shall  have  engaged  in  in- 
surrection or  rebellion  against  the  same,  or  given  aid  or  comfort 
to  the  enemies  thereof.  But  congress  may,  by  a  vote  of  two  thirds 
of  each  house,  remove  such  disability. 

Restrictions. — This  section  was  intended  to  disqualify 
those  who  had  held  any  office  of  trust  or  profit  in  state  or 
national  government,  and  who  had  afterwards  engaged  in 
rebellion  against  the  nation,  from  taking  any  part  in  matters 
of  government  without  special  action  by  congress.  For  two 
or  three  years  after  the  close  of  the  Civil  War,  public  officers 
in  the  southern  states  were  required  to  take  an  "ironclad" 
oath,  as  it  was  called,  in  which  they  declared  they  had  never 
been  in  rebellion  against  the  government  of  the  United  States. 
For  a  time,  this  restriction  practically  prevented  the  white 
people  of  the  South  from  holding  any  office  of  honor  or  trust 
under  the  general  government.  Unscrupulous  men  from  the 
northern  states  went  South  with  the  expectation  of  profiting 
by  this  condition  of  things,  and  with  the  certainty  of  being 
chosen  to  office.  These  men  were  known  as  "carpetbag- 
gers," because  all  their  worldly  possessions  might  have  been 
carried  in  a  carpetbag. 

Pardon. — President  Johnson  granted  a  general  amnesty, 
or  pardon,  to  participants  in  the  rebellion  who  would  take 
an  oath  of  allegiance  to  the  United  States.  Some  of  the  offi- 
cers of  the  Confederate  government  never  took  the  required 
oath,  and  they  were  therefore  never  pardoned. 

Section  IV— War  Debts 

The  validity  of  the  public  debt  of  the  United  States,  author- 
ized by  law,  including  debts  incurred  for  payment  of  pensions 


392  THE  NATION 

and  bounties  for  services  in  suppressing  insurrection  or  rebel- 
lion, shall  not  be  questioned.  But  neither  the  United  States  nor 
any  state  shall  assume  or  pay  any  debt  or  obligation  incurred 
in  aid  of  insurrection  or  rebellion  against  the  United  States,  or 
any  claim  for  the  loss  or  emancipation  of  any  slave;  but  all  such 
debts,  obligations,  and  claims  shall  be  held  illegal  and  void. 

National  Debt. — The  debt  of  the  United  States  was  enor- 
mous at  the  close  of  the  Civil  War,  amounting,  as  it  did,  to 
almost  three  billion  dollars.  In  addition  to  paying  this  debt, 
the  government  is  pledged  to  the  payment  of  bounties  and 
pensions  allowed  Union  soldiers  for  their  efforts  in  saving 
the  Union.  A  few  years  ago,  fully  one  third  of  the  total 
revenue  of  the  government  was  used  for  the  payment  of 
pensions.  The  Spanish-American  war  and  the  war  in  the 
Philippines  increased  the  debt  of  the  United  States  consider- 
ably, but  the  resources  of  the  nation  are  so  vast  that  a  great 
part  of  this  indebtedness  was  soon  paid  off,  on  the  return  of 
peace. 

Confederate  Debt. — By  the  second  part  of  the  fourth  sec- 
tion, the  confederate  debt  is  repudiated.  No  claim  against 
the  United  States,  or  any  state,  is  valid,  if  it  was  created  by 
any  "one  for  any  purpose  to  aid  in  support  of  the  rebellion. 
Thousands  of  claims  of  loyal  citizens,  resident  in  the  South 
during  the  war,  have  been  allowed  in  payment  for  property 
seized  or  destroyed  by  the  Union  armies  on  their  march.  The 
debts  contracted  by  the  Confederate  States  on  account  of  the 
war  have  never  been  paid.  Large  sums  of  paper  money  were 
issued  by  the  Confederate  States,  promising  to  pay  to  the 
bearer  the  face  value  of  the  notes  "Two  years  after  the  ratifi- 
cation of  a  treaty  of  peace  between  the  Confederate  States 
and  the  United  States  of  America."  Such  a  treaty  was  never 
made,  and  this  money  was  therefore  worthless. 


AMENDMENTS  TO  THE  CONSTITUTION          393 

Section  V 

The  congress  shall  have  power  to  enforce^  by  appropriate  leg- 
islation, the  provisions  of  this  article. 

This  clause  is  surplusage.  Congress  has  power  to  enforce 
the  provisions  of  every  article  in  the  constitution. 

ARTICLE  XV.    RIGHT  TO  VOTE 

The  right  of  citizens  of  the  United  States  to  vote  shall  not  be 
denied  or  abridged  by  the  United  States  or  by  any  state  on  ac- 
count of  race,  color,  or  previous  condition  of  servitude. 

The  congress  shall  have  power  to  enforce  this  article  by  ap- 
propriate legislation . 

Negro  Suffrage. — As  stated  elsewhere,  the  right  of  suffrage 
is  conferred  upon  certain  da>ses  of  persons  in  each  state,  and 
tlu>  qualifications  of  \ou-rs  in  the  different  states  vary  greatly. 
The  constitution  of  the  United  States  defines  citizenship  in  the 
fourteenth  amendment,  but  it  does  not  provide  any  regula- 
tions for  suffrage,  except  as  contained  in  the  fifteenth  amend- 
ment. While  the  negro  is  not  mentioned  in  the  fifteenth 
amendment,  the  language  is  so  plain  as  to  leave  no  doubt  that 
it  is  intended  to  confer  the  right  of  suffrage  upon  all  negroes 
who  have  the  qualifications  of  voters  as  required  in  the  state 
in  which  they  reside. 


CHAPTER  XII 
ARTICLES  VI  AND  VII.     GENERAL  PROVISIONS 

Clause  I — Debts  Assumed 

All  debts  contracted  and  engagements  entered  into,  before  the 
adoption  of  this  constitution,  shall  be  as  valid  against  the 
United  States  under  this  constitution  as  under  the  confederation. 

Debts  Assumed. — Although  the  independence  of  the  United 
States  was  granted  by  England,  in  1783,  the  government 
at  that  time  was  in  a  pitiable  condition.  It  had  no  treas- 
ury and  no  credit.  Congress  was  powerless  to  remedy  the 
existing  evils.  While  it  was  suggested  by  some  members  of 
the  constitutional  convention  that  the  debts  incurred  during 
the  Revolution  need  not  be  assumed  by  the  new  government, 
it  was  agreed  that  the  debts  of  the  confederation  should  be 
recognized  as  binding  upon  the  new  government  under  the 
constitution.  The  language  of  this  article,  by  means  of  which 
all  debts  contracted  and  engagements  entered  into  before  the 
adoption  of  this  constitution,  were  to  be  as  binding  upon  the 
United  States  under  this  constitution  as  under  the  confedera- 
tion, stands  as  a  glowing  tribute  to  the  honor  and  integrity  of 
the  founders  of  our  government. 

Clause  2 — Supremacy  of  the  Nation 

This  constitution,  and  the  laws  of  the  United  States  which 
shall  be  made  in  pursuance  thereof,  and  all  treaties  made^  or 

394 


GENERAL  PROVISIONS  395 

which  shall  be  made,  under  the  authority  of  the  United  States, 
shall  be  the  supreme  law  of  the  land;  and  the  judges  in  every 
state  sJiall  be  bound  thereby,  anything  in  the  constitution  or 
laws  of  any  state  to  the  contrary  notwithstanding. 

Nation  Supreme. — It  would  seem  as  if  there  could  be  no 
misunderstanding  of  the  language  of  this  clause,  and  yet  the 
doctrine  of  "State  Rights"  was  openly  advocated  for  years. 
That  doctrine  was,  in  substance,  that  whenever  a  conflict 
arose  between  the  nation  and  any  state,  as  to  the  meaning 
of  any  clause  in  the  constitution,  the  authority  of  the  state 
might  decide  the  matter  for  that  state.  In  1832,  South  Caro- 
lina passed  a  law  declaring  that  certain  acts  of  congress  which 
were  distasteful  to  the  people  of  the  state  were  unconstitu- 
tional, null,  and  void.  It  also  took  steps  to  withdraw  from 
the  Union,  but  the  prompt  action  of  President  Jackson  pre- 
vented it.  It  required  the  great  struggle  of  the  Civil  War  to 
demonstrate  to  the  people,  and  to  the  world  at  large,  that  the 
United  States  is  a  nation,  and  not  merely  a  confederation 
of  states. 

Laws  of  Congress. — It  sometimes  happens  that  congress 
passes  a  law  which  is  in  opposition  to  the  provisions  of  the 
constitution  of  some  state.  While  the  authority  of  congress  is 
supreme  in  such  cases,  it  is  customary  to  give  the  state  affected 
by  the  law  a  reasonable  time  in  which  to  make  the  necessary 
changes.  Congress  legislates  for  the  whole  nation  and  for  all 
the  people  collectively,  but  it  does  not  pass  laws  for  the  gov- 
ernment of  local  affairs.  The  right  of  President  Cleveland  to 
send  troops  to  Chicago,  in  1894,  to  assist  in  putting  down  the 
great  strike  then  in  progress,  was  looked  upon  by  Governor 
Altgeld  and  many  others  as  an  act  unwarranted  by  the  con- 
stitution of  the  United  States.  President  Cleveland  replied 
that  the  rioters  were  obstructing  the  delivery  of  the  mails, 


396  THE  NATION 

a  matter  entirely  under  federal  control,  and  that  the  au- 
thority of  the  United  States  government  to  interfere  in  such 
cases  could  not  be  denied.  Lynchings  and  other  atrocities 
committed  within  the  boundaries  of  any  state  cannot  be 
punished  by  the  United  States  authorities,  unless  the  local  au- 
thorities appeal  to  the  general  government  for  help.  In  other 
words,  the  United  States  recognizes  the  absolute  right  of  each 
state  to  manage  its  own  affairs,  unless  some  law  of  congress, 
applicable  alike  to  all  the  states,  is  being  violated. 

Clause  3— Oath  of  Office 

The  senators  and  representatives  before  mentioned,  and  the 
members  of  the  several  state  legislatures,  and  all  executive  and 
judicial  officers,  both  of  the  United  States  and  of  the  several 
states,  shall  be  bound  by  oath  or  affirmation  to  support  this  con- 
stitution; but  no  religious  test  shall  ever  be  required  as  a  qualifi- 
cation to  any  office  or  public  trust  under  the  United  States. 

Oath. — Every  civil  officer  of  the  United  States  and  of  the 
several  states  is  required  to  take  an  oath  of  office  that  he  will 
support  the  constitution  of  the  United  States;  except  that  those 
who  are  opposed  to  taking  an  oath,  on  account  of  conscien- 
tious scruples,  are  permitted  to  affirm  solemnly  that  they  will 
support  the  constitution  of  the  United  States  "under  the 
pains  and  penalties  of  perjury." 

Religious  Test  Prohibited. — The  abolition  of  a  religious  test 
as  a  qualification  for  office  seemed  strange  to  many  people,  at 
the  time  of  the  adoption  of  the  constitution  of  the  United 
States.  At  that  time,  nearly  every  civilized  nation  of  the  earth 
required  that  all  its  officers  should  be  church  members.  It 
will  be  seen  that  this  clause  applies  to  "any  office  or  public 
trust  under  the  United  States."  For  many  years  after  the 
adoption  of  the  constitution  of  the  United  States,  some  of  the 


GENERAL  PROVISIONS  397 

states  required  some  form  of  religious  test  for  the  state  officers. 
New  Hampshire  required  that  her  governor  and  members  of 
the  general  assembly  should  be  believers  in  the  protestant 
faith,  and  this  rule  was  not  changed  in  that  state  until  1877. 
In  England,  Jews  were  not  allowed  to  sit  in  parliament  until 
about  fifty  years  ago.  The  supreme  court  of  the  United 
States  has  decided  that  this  clause  of  the  constitution  does  not 
apply  to  any  of  the  states,  as  each  state  is  sole  judge  of  the 
qualifications  of  its  own  voters  and  officers.  But  the  religious 
freedom  guaranteed  in  other  parts  of  the  constitution  could 
hardly  have  been  made  possible,  without  the  addition  of  this 
clause. 

ARTICLE  VII.     RATIFICATION  OF  THE  CON- 
STITUTION 

The  ratification  of  the  conventions  of  nine  states  shall  be  suffi- 
cioit  for  the  establishment  of  this  constitution  between  the  states 
so  ratifying  the  same. 

Constitution  Operative. — The  refusal  of  Maryland  to  ratify 
tin'  articles  of  confederation  for  so  many  years  led  to  the 
adoption  of  this  article.  It  was  thought  proper  for  the  new 
government  to  begin  its  work,  whenever  the  assent  of  two 
thirds  of  all  the  states  had  been  given  to  the  constitution.  By 
the  time  the  government  was  organized,  eleven  states  had 
agreed  to  be  governed  by  the  new  plan,  and  it  was  not  long 
until  the  other  two  of  the  thirteen  original  states  were  added 
to  the  Union. 


APPENDIX 

THE  DECLARATION  OF  INDEPENDENCE 

IN  CONGRESS,  JULY  4,  1776. 

THE   UNANIMOUS   DECLARATION   OF   THE   THIRTEEN   UNITED   STATES 

OF  AMERICA 

When,  in  the  course  of  human  events,  it  becomes  necessary  for  one 
people  to  dissolve  the  political  bands  which  have  connected  them  with 
another,  and  to  assume,  among  the  powers  of  the  earth,  the  separate 
and  equal  station  to  which  the  laws  of  nature  and  of  nature's  God  entitle 
them,  a  decent  respect  to  the  opinions  of  mankind  requires  that  they 
should  declare  the  causes  which  impel  them  to  the  separation. 

We  hold  these  truths  to  be  self-evident:  that  all  men  are  created 
equal;  that  they  are  endowed  by  their  Creator  with  certain  unalienable 
rights;  that  among  these  are  life,  liberty,  and  the  pursuit  of  happiness. 
That,  to  secure  these  rights,  governments  are  instituted  among  men, 
deriving  their  just  powers  from  the  consent  of  the  governed;  that, 
whenever  any  form  of  government  becomes  destructive  of  these  ends, 
it  is  the  right  of  the  people  to  alter  or  to  abolish  it,  and  to  institute  new 
government,  laying  its  foundation  on  such  principles,  and  organizing 
its  powers  in  such  form,  as  to  them  shall  seem  most  likely  to  affect  their 
safety  and  happiness.  Prudence,  indeed,  will  dictate  that  governments 
long  established,  should  not  be  changed  for  light  and  transient  causes; 
and,  accordingly,  all  experience  hath  shown,  that  mankind  are  more 
disposed  to  suffer,  while  evils  are  sufferable,  than  to  right  themselves  by 
abolishing  the  forms  to  which  they  are  accustomed.  But,  when  a  long 
train  of  abuses  and  usurpations,  pursuing  invariably  the  same  object, 
evinces  a  design  to  reduce  them  under  absolute  despotism,  it  is  their 
right,  it  is  their  duty,  to  throw  off  such  government,  and  to  provide  new 
guards  for  their  future  security. — Such  has  been  the  patient  sufferance 

398 


DECLARATION  OF  INDEPENDENCE  399 

of  these  colonies;  and  such  is  now  the  necessity  which  constrains  them 
to  alter  their  former  systems  of  government.  The  history  of  the  present 
king  of  Great  Britain  is  a  history  of  repeated  injuries  and  usurpations, 
all  having  in  direct  object  the  establishment  of  an  absolute  tyranny 
over  these  states.  To  prove  this,  let  facts  be  submitted  to  a  candid 
world. 

He  has  refused  his  assent  to  laws  the  most  wholesome  and  necessary 
for  the  public  good. 

He  has  forbidden  his  governors  to  pass  laws  of  immediate  and  press- 
ing importance,  unless  suspended  in  their  ojK'ration  till  his  assent  should 
l>r  obtained;  and,  when  so  susix-nded,  he  has  utterly  neglected  to  attend 
to  them. 

Hi  has  refused  to  pass  other  laws  for  the  accommodation  of  large 
distrirts  of  jM-ople,  unless  tlm.se  jnople  would  relinquish  the  right  of 
representation  in  tin-  legislature,  ;i  right  inestimable  to  them  and  formid- 
able to  tyrant>  only. 

II.  has  tailed  together  legislative  bodies  at  places  unusual,  uncom- 
fortable, and  distant  from  the  depository  of  their  public  records,  for  the 
sole  pur|M»e  of  fatiguing  them  into  compliance  with  his  measures. 

He  has  dissolved  repn -M -illative  houses  reju-atedly,  for  opposing,  with 
manly  firmness,  his  invasions  on  the  rights  of  the  people. 

He  has  refused,  for  a  long  time  after  such  dissolutions,  to  cause  others 
to  be  elected;  whereby  the  legislative  powers,  incapable  of  annihilation, 
have  returned  to  the  people  at  large  for  their  exercise;  the  state  remain- 
ing, in  the  meantime,  exposed  to  all  the  dangers  of  invasion  from  without, 
and  convulsions  within. 

He  has  endeavored  to  prevent  the  population  of  these  states;  for  that 
purpose  obstructing  the  laws  for  naturalization  of  foreigners;  refusing  to 
pass  others  to  encourage  their  migration  hither,  and  raising  the  condi- 
tion of  new  appropriations  of  lands. 

He  has  obstructed  the  administration  of  justice,  by  refusing  his  assent 
to  laws  for  establishing  judiciary  powers. 

He  has  made  judges  dependent  on  his  will  alone  for  the  tenure  of 
their  offices,  and  the  amount  and  payment  of  their  salaries. 

He  has  erected  a  multitude  of  new  offices,  and  sent  hither  swarms  of 
officers  to  harass  our  people,  and  eat  out  their  substance. 

He  has  kept  among  us,  in  times  of  peace,  standing  armies,  without  the 
consent  of  our  legislature. 


400  APPENDIX 

He  has  affected  to  render  the  military  independent  of,  and  superior 
to,  the  civil  power. 

He  has  combined,  with  others,  to  subject  us  to  a  jurisdiction  foreign 
to  our  constitution,  and  unacknowledged  by  our  laws;  giving  his  assent 
to  their  acts  of  pretended  legislation: 

For  quartering  large  bodies  of  armed  troops  among  us: 

For  protecting  them,  by  a  mock  trial,  from  punishment  for  any  mur- 
ders which  they  should  commit  on  the  inhabitants  of  these  states: 

For  cutting  off  our  trade  with  all  parts  of  the  world: 

For  imposing  taxes  on  us  without  our  consent: 

For  depriving  us,  in  many  cases,  of  the  benefits  of  trial  by  jury: 

For  transporting  us  beyond  the  seas  to  be  tried  for  pretended  offenses: 

For  abolishing  the  free  system  of  English  laws  in  a  neighboring 
province,  establishing  therein  an  arbitrary  government  and  enlarging 
its  boundaries,  so  as  to  render  it  at  once  an  example  and  fit  instrument 
for  introducing  the  same  absolute  rule  into  these  colonies: 

For  taking  away  our  charters,  abolishing  our  most  valuable  laws,  and 
altering,  fundamentally,  the  forms  of  our  governments: 

For  suspending  our  own  legislatures,  and  declaring  themselves  invested 
with  power  to  legislate  for  us  in  all  cases  whatsoever. 

He  has  abdicated  government  here  by  declaring  us  out  of  his  protec- 
tion, and  waging  war  against  us. 

He  has  plundered  our  seas,  ravaged  our  coasts,  burnt  our  towns,  and 
destroyed  the  lives  of  our  people. 

He  is,  at  this  time,  transporting  large  armies  of  foreign  mercenaries  to 
complete  the  works  of  death,  desolation,  and  tyranny,  already  begun, 
with  circumstances  of  cruelty  and  perfidy  scarcely  paralleled  in  the  most 
barbarous  ages,  and  totally  unworthy  the  head  of  a  civilized  nation. 

He  has  constrained  our  fellow-citizens,  taken  captive  on  the  high  seas, 
to  bear  arms  against  their  country,  to  become  the  executioners  of  their 
friends  and  brethren,  or  to  fall  themselves  by  their  hands. 

He  has  excited  domestic  insurrections  amongst  us,  and  has  endeav- 
ored to  bring  on  the  inhabitants  of  our  frontiers,  the  merciless  Indian 
savages,  whose  known  rule  of  warfare  is  an  undistinguished  destruction 
of  all  ages,  sexes,  and  conditions. 

In  every  stage  of  these  oppressions,  we  have  petitioned  for  redress  in 
the  most  humble  terms;  our  repeated  petitions  have  been  answered 
only  by  repeated  injury.  A  prince,  whose  character  is  thus  marked  by 


DECLARATION  OF  INDEPENDENCE  401 

every  act  which  may  define  a  tyrant,  is  unfit  to  be  the  ruler  of  a  free 
people. 

Nor  have  we  been  wanting  in  attention  to  our  British  brethren.  We 
have  warned  them,  from  time  to  time,  of  attempts  by  their  legislature  to 
extend  an  unwarrantable  jurisdiction  over  us.  We  have  reminded  them 
of  the  circumstances  of  our  emigration  and  settlement  here.  We  have 
appealed  to  their  native  justice  and  magnanimity,  and  we  have  conjured 
them,  by  the  ties  of  our  common  kindred,  to  disavow  these  usurpations, 
which  would  inevitably  interrupt  our  connections,  and  correspondence. 
They  too  have  been  deaf  to  the  voice  of  justice  and  consanguinity.  We 
muM,  therefore,  acquiesce  in  the  necessity  which  denounces  our  sep- 
aration, and  hold  them,  as  \ve  hold  the-  rest  of  mankind,  enemies  in  war, 
in  peace,  friends. 

\\ .-.  therefore,  the  representatives  of  the  United  States  of  America,  in 
gem-nil  congress  assembled,  ap]K-aling  to  the  Supreme  Judge  of  the 
world  for  the  rectitude  of  our  intentions,  do,  in  the  name,  and  by  author- 
ity of  the  good  people  of  these  colonies,  solemnly  publish  and  declare, 
That  these  United  Colonies  are,  and  of  right  ought  to  be,  free  and  inde- 
pendent states;  that  they  are  absolved  from  all  allegiance  to  the  British 
crown,  and  that  all  |H>litical  connection  Ix-tween  them  and  the  state  of 
(In  at  Britain  is,  and  ought  to  be,  totally  dissolved;  and  that,  as  free 
and  indejH-mlent  stau  >,  they  have  full  power  to  levy  war,  conclude 
,  contract  alliances,  i  Mablish  commerce,  and  to  do  all  other  acts 
and  things  which  indejH-ndi-nt  states  may  of  right  do.  And  for  the  sup- 
port of  this  declaration,  with  a  firm  reliance  on  the  protection  of  Divine 
Providence,  we  mutually  pledge  to  each  other  our  lives,  our  fortunes, 
and  our  sacred  honor. 

JOHN  HANCOCK. 
New  Hampshire  Rhode  Island 

Josiah  Bartlctt,  Step.  Hopkins, 

Wm.  Whipple,  William  Ellery. 

Matthew  Thornton. 

Massachusetts  Bay  Connecticut 

Saml.  Adams,  Roger  Sherman, 

John  Adams,  Samuel  Huntington, 

Robt.  Treat  Paine,  Wm.  Williams, 

Elbridge  Gerry.  Oliver  Wolcott. 


4O2 


APPENDIX 


New  York 
Wm.  Floyd, 
Phil.  Livingston, 
Frans.  Lewis, 
Lewis  Morris. 

New  Jersey 
Richd.  Stockton, 
Jno.  Witherspoon, 
Fras.  Hopkinson, 
John  Hart, 
Abra.  Clark. 

Pennsylvania 
Robt.  Morris, 
Benjamin  Rush, 
Benja.  Franklin, 
John  Morton, 
Geo.  Clymer, 
Jas.  Smith, 
Geo.  Taylor, 
James  Wilson, 
Geo.  Ross. 

Delaware 
Caesar  Rodney, 
Geo.  Read, 
Tho.  M'Kean. 


Maryland 
Samuel  Chase, 
Wm.  Paca, 
Thos.  Stone, 
Charles  Carroll  of  Carrollton. 

Virginia 
George  Wythe, 
Richard  Henry  Lee, 
Th.  Jefferson, 
Benja.  Harrison, 
Thos.  Nelson,  Jr., 
Francis  Lightfoot  Lee, 
Carter  Braxton. 

North  Carolina 
Wm.  Hooper, 
Joseph  Hewes, 
John  Penn. 

South  Carolina 
Edward  Rutledge, 
Thos.  Hey  ward,  Junr., 
Thomas  Lynch,  Junr., 
Arthur  Middleton. 

Georgia 

Button  Gwinnett, 
Lyman  Hall, 
Geo.  Walton. 


INDEX 


Adjutant  general,  Duties  of,  147-48 
Albany  congress,  in  1754,  207 
Aliens  not  permitted  to  own  land, 

138-39 

Ambassadors,  etc.,  353-54 
Amendments  to  state  constitution, 

Method  of   making,    105-6,    179; 

convention    for,     provided,     105, 

179-80;  text  of  amendments,  i  i  j 

15 

Amendments  to  constitution  of 
U.  S.,  Method  of  making,  377- 
79. — Art.  I:  freedom  guaranteed, 
370-80. — Art.  II:  right  to  bear 
arms,  380. — Art.  Ill:  quartering 
soldiers,  381. — Art.  IV:  security 
against  unwarranted  searches, 
381-82.— Art.  V:  life,  liberty,  and 
property,  382-83. — Art.  VI:  rights 
of  persons  accused,  383-84. — 
Art.  VII:  jury  trial  in  common- 
law  suits,  384-85.— Art.  VIII: 
excessive  bail,  fines,  and  punish- 
ments forbidden,  385. — Art.  IX: 
rights  reserved,  385-86. — Art.  X: 
limitations  of  the  national  gov- 
ernment, 386. — Art.  XI:  limit  to 
jurisdiction  of  U.  S.  courts,  386. — 
Art.  XII:  331-36.— Art.  XIII: 
slavery,  387-88.— Art.  XIV:  re- 
construction, 388-93  [see  Recon- 
struction].— Art.  XV:  negro  suf- 
frage, 393. 

Annapolis  convention,  216 

Anti-trust  law,  289-90 

Appeal,  Right  of,  in  criminal  cases, 
69,  121-22 

Appeals  from  school  boards  to  su- 
perintendent, 59 

Apportionment,     Legislative,     105, 
179 

Apportionment  of  congressmen  and 
direct  taxes,  247-51 

Washington — 26  403 


Apportionment  of  school  funds,  60 
Appropriations  for  government  ex- 
penses, 321-22 

Aristocratic  government,  202;  growth 
of,  203;  the  English  nobility,  203; 
the  "grand  model"  of  John  Locke, 
204 
Arms,  The  right  to  bear,  70,  122-23, 

380 

Army,  United  States,  309-10 
Arrest,  Members  of  legislature  priv- 
ileged from,  73,  131;  militia,  173; 
members  of  Congress,  274 
Articles  of  Confederation,    212-15; 
ratified,   213;  provisions  of,   214; 
gave    general    government    little 
power,   214;  action  toward   revi- 
sion of,  216 

Assessment  of  property,  21-22,  51-53 
Attorney-general  of  U.  S.,  364 
Attorney-general  (state),  76;  salary 

of,  79;  duties  of,  145,  156 
Auditor  of  state,  76;  salary  of,  79; 
duties  of,  145,  150 

B 

Bail  shall  not  be  excessive,  68,  69, 
119,  121,  385;  forfeiture  of,  121 

Balboa,  Discovery  of  Pacific  by,  183 

Ballot,  Handling  the,  169 

Bankruptcy  laws,  296 

Base  line,  The,  for  public  lands  of 
Washington  and  Oregon,  n 

Base  lines  defined,  10 

Battleship,  A  United  States,  311 

Belknap,  W.  W.,  Impeachment  of, 

256-57 
Bellingham    Bay,    Early   settlement 

on,  185 
Bill  of  attainder  forbidden,  69,  122, 

3J9 
Bill  of  rights  in  U.  S.  constitution, 

379 
Bill  of  rights  (state),  67-70;  analysis 


404 


INDEX 


of,  116-24;  political  power,  116; 
constitution  the  supreme  law,  116; 
personal  rights,  117;  right  of  pe- 
tition, 117;  freedom  of  speech, 
117;  oaths  or  affirmations,  117; 
private  affairs,  117-18;  privileges, 
118,  123-24;  criminal  cases,  118; 
justice,  118;  religious  liberty,  118; 
uniform  laws,  119;  habeas  corpus, 
119;  bail,  119,  121;  corruption  of 
blood,  120;  private  property,  120; 
imprisonment  for  debt,  120;  the 
military,  120-21,  124;  the  suf- 
frage, 121;  trial  by  jury,  121;  de- 
fense and  appeal,  121-22;  bill  of 
attainder,  122;  ex  post  facto  law, 
122;  armed  defense,  122-23;  in- 
formation or  indictment,  123; 
grand  jury,  123;  treason,  123; 
constitution  mandatory,  124;  rights 
reserved,  124;  individual  right,  124 

Bills,  Congressional,  276-77;  action 
of  committees,  278;  three  read- 
ings, 278-79;  further  action,  279; 
veto  power,  280-81 

Bills  (state)  originate  in  either  house, 
73;  become  laws  by  a  majority 
yea  and  nay  vote,  73;  signed  by 
presiding  officers,  75;  take  effect, 
75>  I33>  general  provisions  for, 
76,  136;  amendments  to,  76 

Blount,  William,  Impeachment  of, 
256 

Board  of  education,  County,  60; 
state,  146-47 

Board  of  equalization,  150 

Board  of  finance,  147 

Board  of  health,   104,  154,  178 

Board  of  review,  Township,  22 

Bond  required  of  civil  township  offi- 
cers, 21 ;  of  justices,  23;  of  every 
civil  officer,  29;  of  road  super- 
visors, 48;  of  county  auditor,  54; 
of  county  treasurer,  56;  of  county 
clerk,  57;  of  notary  public,  63; 
of  responsible  officers,  158;  how 
approved,  158;  of  state  officers, 
159-60 

Bonds,  Issue  of,  by  school  districts, 
40 

Boston  Port  Bill,  211 

Boston  Tea-Party,  The,  211 


Boundaries  of  the  state,  106,  180;  of 

counties,  43 
Branches   of   national   government, 

241;  of  state  government,  125-26 
Bribery  prohibited,  74-75,  135,  356- 

57 

Bridges,  constructed  by  contract,  49 

Bureau  of  labor,  152-53 

Bureau    of    vital    statistics,    estab- 
lished, 104,  154,  178 


Cabinet,  The  president's,  343;  mem- 
bers of,  344-48;  term  and  salary, 

35.0-Si 

Capital,  state,  Olympia,  126,  176 

Cattle  raising,  187 

Census,  Provision  for  state,  70-71, 
127;  federal,  251-52 

Certificates,  Teachers',  41;  classes 
of,  42 

Change  of  venue  in  justice's  court, 
24-25 

Charters,  City,  27-28,  95-96,  175; 
colonial,  206 

Chief  justice  of  state  supreme  court, 
81,  86,  162 

Chief  justice  of  U.  S.  supreme  court, 
360;  salary,  362 

Children  of  school  age,  Employ- 
ment of,  38 

Circuit  courts,  360—62 

Circuit  courts  of  appeals,  361-62 

Cities  and  towns  prohibited  from 
giving  or  loaning  money,  or  own- 
ing stocks,  91,  171;  incorporation 
of,  95-96,  175;  city  charters,  95- 
96,  175;  may  make  regulations,  96, 
175;  power  of  taxation,  96,  175 

Cities  classified,  27;  of  first  class,  27- 
28;  of  second  class,  28-31;  of  third 
class,  31-32;  incorporated  towns, 
or  cities  of  fourth  class,  32 

Citizens  liable  to  military  duty,  93, 

I73>313»386 

Citizenship,  71,  127-28,  245;  rela- 
tions of,  371-73;  under  recon- 
struction, Fourteenth  amendment, 
388-89 

City  taxes,  51 

Civil  officers,  must  qualify,  46-47 


INDEX 


405 


Civil  power  supreme,  69,  70,  120-21, 

124,  381 

Civil  service,  349 
Civil  Service  Commission,  349 
Civil  suit  before  justice  of  the  peace, 

23-25 

Civil  township,  9,  19-22;  has  local 
name,  12,  19;  the  unit  or  basis  of 
local  government,  19;  may  or  may 
not  coincide  with  congressional, 
19;  organization  of,  10-20;  town 
meeting,  20;  officers,  20;  super- 
visors, 20-21;  clerk,  21 ;  treasurer, 
21 ;  assessor,  21-22;  Ixxird  of  re- 
view, 27;  overseers  of  highways, 
22 

Claims,  Conflicting,  of  Sjjain,  Eng- 
land and  France,  205 

Clerk,  City,  29-30 

Clerk  of  civil  township,  21 

Clerk  of  the  county,  56-57,  94 

Coal  mine  inspectors,  152-53 

Coinage,  296-97;  U.  S.  mints,  297; 
coins  and  value,  297-98;  counter- 
feiting, 299-300;  paper  money, 
300-1 

Colonies,  The  Thirteen,  205-11; 
s(  ttlements  and  conflicting  claims, 
205;  thirteen  English  colonies, 
205-6;  dilu-rrnt  cs  in  government 
cf,  206;  steps  toward  union 
against  Indians  and  others,  202; 
oppression  by  parliament,  205- 
7;  navigation  acts,  208;  the  stamp 
act,  209;  first  colonial  congress, 
209-10;  the  Townshend  act,  210; 
the  "Boston  Tea- Party,"  21 1; 
first  and  second  continental  con- 
ic; union  of,  by  ar- 
ti.  h-s  of  confederation,  213-15 

Columbian  guide  meridian,  The,  in 
i-nxkTn  \\ashington,  15 

Colville  guide  meridian,  The,  15 

Commander  in  chief  of  military, 
The  governor,  77,  142 

Commander  in  chief,  The  president 
the,  342-43 

Commerce,  Regulation  of,  287-90; 
foreign,  288;  interstate,  288-89, 
320-21;  anti-trust  law,  280-90; 
with  Indian  tribes,  290;  restric- 
tions on,  320-21 


Commissioner  of  horticulture,  150 
Commissioner  of  labor,  152-53 
Commissioner  of  public  lands,  80, 
147;  on  board  of  equalization,  150 
Commissioners  and  societies,  152-57 
Commission    plan   of    city   govern- 
ment, 28,  32 

Commissions,  signed  by  the  presi- 
dent, 355-S6 
Committees,    Action   of    legislative, 

278 
Common     carriers,     Constitutional 

provisions  regarding,  98-100 
Common  school  fund  to  be  used 
only  for  common  schools,  91,  172; 
principal  of,  must  remain  per- 
manent, 92,  172;  losses  to,  must 
be  assumed  as  a  state  debt,  92, 

J72-73 

Compact  with  the  United  States, 
107-8,  181;  religious  freedom 
pledged,  107;  public  and  Indian 
lands  disclaimed,  107;  uniform 
taxation,  107;  territorial  debts  as- 
sumed, 108;  free  public  schools 
to  be  maintained,  108,  181 
Condition  of  country  at  close  of  the 

Revolution,  215 

Confederate  debt  repudiated,  392 
Congress,  First  Colonial,  209 
Congress,  First  Continental,  211 
Congress,  Second  Continental,  211 
Congress,    Powers   of,    under    arti- 
cles of  confederation,  214-15 
Congress,  made  up  of  two  houses, 
242  [see  Senate,  and  see  House]; 
clc-t  tions  to,  265;  meeting  of,  266. 
Powers  of,  282-323;  taxation,  282- 
86;  direct  taxes,  283,  319-20;  in- 
direct taxes,  283-84;  tariff,  284-85; 
internal  revenue,  285-86;  borrow- 
ing money,  287 ;  regulation  of  com- 
merce, 287-90;  naturalization  and 
bankruptcy,  290-96;  coinage  and 
measures,    296-301;    post  offices, 
301-4;    copyrights    and    patents, 
304-6;  U.  S.  courts,  306;  crimes  at 
sea,   306-7;    declaration   of   war, 
307-9;    maintenance    of    armies, 
309-10;  the  navy,  310-11;  army 
and  navy  regulations,  312;  the  mili- 
tia, 313;   exclusive  legislation  in 


406 


INDEX 


District  of  Columbia,  314-15;  over 
U.  S.  property,  315;  legislative 
power,  315-16. — Prohibitions  on, 
316-23;  the  slave  trade,  316-18; 
writ  of  habeas  corpus,  318—19;  laws 
forbidden,  319;  direct  taxes,  319- 
20;  duties  on  exports,  320;  commer- 
cial restrictions,  320-21;  care  of 
public  funds,  321-22;  titles  of 
nobility,  322-23.  Special  sessions 
of,  353;  laws  made  by,  supreme, 
394-96 

Congressional  delegate,  247 

Congressional  districts  arranged  de- 
cennially by  legislature,  138,  246; 
elections  in,  265 

Congressional  township,  9-18;  basis 
or  unit  of  public  land  surveys,  9, 
12;  size  and  designation  of,  12; 
diagram  of  sections  in,  12;  of 
quarter  sections,  13-14;  correction 
lines,  14-15 

Congressman  at  large,  246-47 

Constable,  23,  26 

Constitution  of  the  United  States, 
220-37;  wisdom  of  framers  of, 
240. — Analysis  of,  238-397;  Pre- 
amble, 238-40.— Art.  I:  The  leg- 
islative branch,  241-325;  Con- 
gress, 241-42,  265-75;  powers  of, 
282-323  [see  Congress];  House  of 
Representatives,  242-57,  266-75 
[see  House];  Senate,  257-65,  266- 
75  [see  Senate];  elections  and 
meetings,  265-66;  lawmaking, 
275-82. — Prohibitions  on  the 
states,  323-25. — Art.  II:  The  ex- 
ecutive branch,  326-57  [see  Ex- 
ecutive branch]. — Art.  IIT:  The 
judicial  branch,  358-69  [see  Ju- 
dicial branch]. — Art.  IV:  Rela- 
tions of  the  states,  370-71;  rela- 
tions of  citizenship,  371-73;  new 
states  and  territories,  373-76. — 
Art.  V:  Amendments,  377-93; 
ratification,  378;  bill  of  rights, 
379;  the  amendments,  379-93  [see 
Amendments.] — Art.  VI:  General 
provisions,  394-97;  the  supreme 
law,  67,  116,  394-95. — Art.  VII: 
Ratification,  397 

Constitution,    of    Washington,    66- 


115:  Nature  of  a  constitution,  66; 
proposed  constitution  of  1878,  66; 
present  constitution,  66—67. — 
State  constitution:  Preamble,  67, 
116. — Art.  I:  Declaration  of 
rights,  67-70,  116-24. — Art.  II: 
Legislative  department,  70^-76, 
125-40.— Art.  Ill:  The  execu- 
tive, 76-80,  141-60. — Art.  IV: 
The  judiciary,  80-86,  161-65. — 
Art.  V:  Impeachment,  86-87,  I29> 
166. — Art.  VI:  Elections  and  elec- 
tive rights,  87-88,  166-70. — 
Art.  VII:  Revenue  and  taxation, 
88-89,  170-71.— Art.  VIII:  State, 
county,  and  municipal  indebted- 
ness, 89-91,  171. — Art.  IX:  Edu- 
cation, 91-92,  171-73. — Art.  X: 
Militia,  93,  173-74. — Art.  XI: 
County,  city,  and  township  orga- 
nization, 93-97,  174-75.— Art. 
XII:  Corporations  other  than  mu- 
nicipal, 97-101,  175. — Art.  XIII: 
State  institutions,  101,  175-76, 
189-200.— Art.  XIV:  Seat  of  gov- 
ernment, 101-2,  176. — Art.  XV: 
Harbors  and  tide  waters,  102-3, 
176.— Art.  XVI:  School  and 
granted  lands,  103-4,  176-77. — 
Art.  XVII:  Tide  lands,  104,  177.— 
Art.  XVIII:  State  seal,  104,  177  — 
Art.  XIX:  Exemptions,  104,  178. 
—Art.  XX:  Public  health  and 
vital  statistics,  104,  178. — Art. 
XXI:  -  Water  and  water  rights, 
105,  178-79. — Art.  XXII:  Leg- 
islative apportionment,  105,  179. 
— Art.  XXIII:  Amendments,  105- 
6,  179-80.— Art.  XXIV:  Bound- 
aries, 106,  180.— Art.  XXV:  Ju- 
risdiction, 106-7,  180-81. — Art. 
XXVI:  Compact  with  the  United 
States,  107-8,  181.— Art.  XXVII: 
Schedule,  108-13,  181-82. — Cer- 
tificate, 113-14. — Constitutional 
amendments,  114-15. — Provisions 
of  constitution  to  be  in  force  from 
date  of  President's  proclamation 
of  admission,  112;  mandatory,  70, 
124 

Constitutional      convention,     state, 
Method  of  calling  a,  105,  179-80 


INDEX 


407 


Constitutional  convention,  U.  S., 
216-19;  distinguished  delegates 
to,  217;  plans  proposed,  217-18; 
conflicting  aims,  218;  work  of  the, 
218-19;  views  of  Gladstone,  Sir 
Henry  Maine,  and  Franklin  on, 
219 

Constitutionality  of  a  law,  365-66 

Contracts,  Laws  impairing  obliga- 
tions of,  prohibited,  69,  122 

Convicts,  Sale  of  labor  prohibited, 
74,  135;  required  to  labor,  195; 
reduction  of  sentence  for  good  be- 
havior, 196 

Copyright,  305-6 

Coroner,  County,  62;  must  hold  in- 
quests, 62;  pay  of,  63 

Corporations  other  than  municipal, 
97-101:  How  formed,  defined,  97; 
charters  and  franchises,  97,  98; 
liability  of  stockholders,  97 : 
SIR-  of  stock,  ()~\  foreign  corpo- 
rations, 98;  property  of,  subject 
to  public  use,  98;  shall  issue  only 
lawful  money,  98;  insolvency  of, 
98;  common  carriers,  98-100;  rail- 
road transportation  and  charges, 
99-100;  property  of  railroads  per- 
sonal, 99 

Correction  lines  of  township  for  local 
surveys,  13 

Correction  lines,  or  standard  paral- 
lels, in  the  state,  14-15 

Corruption  of  blood,  68,  120 

Council,  City,  28-31;  recall  of  a 
councilman,  29-30 

Counterfeiting,  299-300 

Counties  ami  electoral  districts,  139 

Counties,  Number  of,  43;  names  of, 
43-45;  classified,  45-46;  legal  sub- 
divisions of  the  state,  93;  prohib- 
ited from  giving  or  loaning  money, 
or  owning  stocks,  91,  171;  list  of, 

139 

County  assessor,  Duties  of,  51 
County  auditor,   clerk  of   commis- 
sioners,  53-54;  bond  and  salary 
of,    54;    is  also   recorder,   54~55; 
issues  marriage  licenses,  57 
County  board  of  equalization,    22, 

53 
County,  city,  and  township  organi- 


zation, 93797»  I74-75*>  counties 
legal  subdivisions,  93,  174;  re- 
moval of  county  seat,  93-94,  174; 
forming  new  county,  94,  174; 
election  and  compensation  of 
officers,  94,  95,  174;  eligibility 
for  reelection,  46,  95,  159;  county 
responsible  for  tax  levy,  95,  174; 
may  make  regulations,  96,  175; 
have  power  of  taxation  for  local 
purposes,  96,  175 
County  clerk,  Duties  of,  56-57 
County  commissioners,  Duties  of, 
47,  94,  95,  174;  meetings  of,  47- 
48;  salaries  of,  48;  legislative 
powers  of,  48,  49;  pupils  should 
study  proceedings  of,  49-50;  on 
board  of  equalization,  53;  vacan- 
cies filled  by,  158,  159 
County  government,  43-65. — Part  I: 
Number  and  names  of  counties, 
43-45;  classification  of  counties, 
43-45;  county  the  unit  for  many 
governmental  purposes,  46;  a 
legal  subdivision,  93,  174;  the 
county  seat,  46;  removal  of,  93- 
94,  174;  county  officers,  46,  95; 
election  of,  46;  must  qualify 
within  two  weeks,  46-47;  county 
commissioners,  47,  94;  duties  of, 
47,  95;  meetings,  47-48;  road 
supervisors,  48-49;  legislative 
powers  of  commissioners,  49. — 
Part  II:  Levy  of  taxes,  50-51,  96; 
application  of  rates,  51;  county 
assessor,  51;  assessment,  52; 
exemptions,  52-53;  county  board 
of  equalization,  53;  county  au- 
ditor, 53-54;  recorder,  54~55; 
treasurer,  55,  94,  96;  taxes,  55; 
tax  receipts,  55-56;  bond  and 
salary  of  county  treasurer,  56. — 
Part  III:  County  clerk,  56-57, 
109;  court  of  probate,  57;  sheriff, 
57-58;  county  superintendent,  58- 
60;  board  of  education,  60. — 
Part  IV:  County  surveyor,  61- 
62;  coroner,  62-63;  prosecuting 
attorney,  63,  94;  notary  public, 
63-64;  review,  65;  constitutional 
provision  for,  94-95,  174.  See 
also  title  of  officer 


408 


INDEX 


County  recorder,  54-55 

County  seat,  46;  removal  of,  93-94, 
174;  list  of,  139 

County  superintendent  of  schools, 
Teachers  report  to,  40-41;  ex- 
amines teachers  for  certification 
by  state  superintendent,  41;  du- 
ties of,  58;  holds  normal  institute, 
59;  appeals  to,  from  action  of 
school  boards,  59;  makes  annual 
report  to  state  superintendent, 
50-60;  apportions  funds  to  school 
districts,  60;  appoints  county 
board  of  education,  60 

County  surveyor,  61-62 

County  treasurer,  Duties  of,  55; 
bond  and  salary  of,  56,  94 

Court  of  claims,  The,  362-63 

Courts,  see  Judges,  Judicial  branch, 
Justice's  court,  Supreme  court, 
etc. 

Cowlitz,  Early  settlement  at,  185 

Criminal  cases,  Rights  of  accused 
in,  68,  118;  speedy  justice,  68, 
118;  bail,  68,  69,  119,  121;  habeas 
corpus,  68,  119;  trial  by  jury,  69, 
121;  defense  and  appeal  in,  69, 
121-22;  in  U.  S.  courts,  367 

Criminal  suit  before  justice  of  the 
peace,  23-25 

Customs  court  of  appeals,  363 


Dairy  and  food  commissioner,  155 

Dead  letter  office,  303-4 

Debt,  Limit  of  state,  90,  171;  for 
specific  purpose,  may  be  autho- 
rized by  law,  90,  171 

Debt,  No  imprisonment  for,  69,  120 

Debts,  fines,  etc.,  of  Territory,  to 
inure  to  the  state,  108 

Debts  of  the  United  States,  282, 
286,  391-92;  assumed,  394 

Debts,  state,  386 

Declaration  of  Independence,  adopt- 
ed, 212;  text  of  the,  398-402 

Declaration  of  rights,  67-70;  analy- 
sis of,  116-24.  See  Bill  of  rights 

Defective  youth,  School  for,  193 

Delinquent  taxes,  56 

Democracy,  A,  defined,  204 


Dental  examiners,  Board  of,  154 
Department  of  agriculture,  347-48 
Department  of  commerce  and  labor, 

348 

Department  of  justice,  346-47 
Department  of  the  interior,  347 
Departments  of  executive  branch  of 

the  national  government,  343-44 
Directors,  Board  of  school,  35-36 
District  courts  of  U.   S.,  360,  362, 

366,  367 
District  of   Columbia,    Government 

of,  314-15;  supreme  court  of  the, 

363-64 
Divorce,  Legislature  prohibited  from 

granting,  73,  132 
Drake,   Sir   Francis,   explored   west 

coast,  183 

Duties  on  exports  prohibited,  320 
Duties  on  imports,  284-85 


E 


Education,  91-92,  171-73;  state 
must  provide  ample,  91,  171; 
common,  high,  normal,  and  tech- 
nical schools,  91,  172;  comnion 
school  fund  only  for  common 
schools,  91,  172;  principal  of, 
must  always  be  permanent,  92, 
172;  schools  must  be  nonsectarian, 
92,  172;  losses  to  school  fund  a 
state  debt,  92,  172-73.  See  also 
Public  schools;  School 
Education  compulsory,  36-37 
Election  for  adoption  of  constitu- 
tion, returns  of,  how  to  be  made, 

III-I2 

Election  of  city  officers,  28-29;  °f 
school  boards,  36 

Election  of  representatives  (state), 
71,  127;  of  senators  by  classes, 
71,  128-29;  to  fill  vacancies,  72, 
131;  contested,  132;  at  first  elec- 
tion under  constitution,  in 

Elections  and  elective  rights,  87- 
88,  166-70;  right  to  vote,  87,  166; 
qualifications,  87,  166-68;  resi- 
dence, 87,  167;  women  may  vote 
at  school  elections,  87,  168;  ex- 
ceptions, 87,  168;  voters  privi- 
leged from  arrest,  87-88,  168; 


INDEX 


409 


primary,  168;  by  ballot,  88,  168- 
69;  registration  law,  88;  first 
election  under  constitution,  88; 
voting,  how  done,  169;  general 
provisions,  169-70;  contested,  in 

Elections  of  governor  and  executive 
officers,  returns  of,  77,  142 

Elections  to  Congress,  265-66 

Electoral  college,  335-36 

KliTtoral  commission,  The,  334-35 

Electors,   329,   331-32;   election  of, 

333-34 

Enabling  act,  166,  100 

Ex  post  facto  laws  forbidden,  69, 
122,  319 

Executive  branch  of  national  gov- 
ernment, 326-57;  election  of 
president,  326-36;  qualifications, 
336-42;  powers  of  tin-  president, 
342-52;  departments  of,  343-48; 
duties,  352-56;  removal  from 
office,  356-57 

Executive  department  (state),  76- 
80;  analysis  of,  141-60;  gov- 
ernor, 76,  141;  qualifications,  141; 
lieutenant  governor,  etc.,  76,  80, 
141-42;  returns  of  election,  77, 
142;  duties  of  governor,  77,  143; 
receives  reports,  77,  142; 
sages,  77,  142-43'.  calls  sl)t>(  ial 
sessions,  77-143;  commander  in 
chief,  77,  142;  has  pardoning 
power,  77,  78,  143;  reports  from, 
77-78,  143;  liable  to  im]>cach- 
ment,  86;  executive  succession, 
77,  143-44;  approves  acts  of 
•Mature,  78;  fills  vacancies  in 
office,  78;  salary  of,  79, 159;  issues 
commissions,  79.  Other  state 
officers,  76,  144;  secretary  of 
state,  76,  79,  80,  144;  seal  of  the 
state,  79;  treasurer,  76,  79,  80, 
144-45;  auditor  of  state,  76,  79, 
80,  145;  attorney-general,  76,  79, 
80,  145;  superintendent  of  pub- 
lic instruction,  76,  79-80,  145-46; 
commissioner  of  public  lands,  76, 
80,  147;  eligibility  for  a  state 
office,  80 

Exemptions  from  taxation,  52-53; 
from  jury  duty,  165 

Expatriation,  295 


Explorers,  Early,  183 
Export  duties  prohibited,  320 
Expulsion  of  members  of  legislature, 

72,  133 
Extradition,  372 


Feeble-minded  children,  Institution 
for,  194 

<-lo  explored  western  coast,  183 

"  Fifty-four  forty  or  fight,"  184 

Fish  commissioner,  149 

Forfeiture  of  estate,  68,  120;  of  bail, 
121 

Franklin,     Benjamin,     delegate    to 
Albany  congress,  207;  on  signing 
I  >c»  laration  of  Independence,  213; 
on  the  constitution,  219;  opposed 
to  salaried  olVuers,  272,  339;  pos- 
tal system  originated  with,  301 
lorn  from  arrest,  73,  131,  274 
lorn   of  conscience  in   religion 
guaranteed,  115,  379-80 

lorn  of  speech,  67,  117;  to  mem- 
bers of  legislature,  73,  131;  to 
members  of  Congress,  272,  274 

French  and  Indian  war,  205,  207 

Fruit  raising,  187 


Gerrymander,  247 

Gladstone,  Wm.  E.,  on  the  consti- 
tution, 219 

Government,  Branches  of,  125-26; 
of  national,  241 

Government,  Forms  of,  201-4;  or- 
igin of,  201;  patriarchal,  201;  theo- 
cratic, 201,  monarchial,  202;  aris- 
tocratic, 200-4;  democratic,  204; 
republican,  204 

Government  of  English  colonies, 
206 

Government,  the  national,  expenses 
and  debts  of,  286,  321-22;  seat  of, 

3*4 

Governor,  The,  76-79,  141-144;  see 

Executive  department 
Governor's  messages,  77,  142-43 
Grain  inspector,  149-50 
Grand  jury,  Power  of  the,  163-64 


4io 


INDEX 


H 


Habeas  corpus,  68,  119, 

Hamilton,  Alexander,  advocate  of 
strong  central  government,  218 

Harbor  lines  and  areas  fixed  by  a 
commission,  102,  176 

Harbors  and  tide  waters,  Rights  in, 
reserved,  102-3,  176 

High  schools,  34~36 

Historical  society,  State,  155 

Homestead,  Portion  of,  and  of  other 
property,  exempted  from  forced 
sale,  104,  178 

House  of  representatives  (state), 
Qualification  for,  71,  126;  num- 
ber of  members  of,  70,  126-27; 
election  for,  71,  127;  determines 
qualifications  of  members,  71; 
the  speaker  of,  holds  office  for 
full  term,  132;  has  sole  power  of 
impeachment,  86 

House  of  representatives  (U.  S.)> 
242-57;  term  in,  243;  election  of 
members,  244,  265;  length  of 
service,  244;  qualifications  of 
members,  245-46,  267;  appor- 
tionment, 247-51;  first  ratio,  249; 
number  of  members,  250-51; 
each  state  represented,  251;  va- 
cancies, 252;  elects  officers,  253; 
speaker,  252-53;  clerk,  254;  ser- 
geant-at-arms,  254-55;  door-keep- 
er, 255;  postmaster,  255;  chaplain, 
255;  power  of  impeachment,  256; 
quorum,  267;  discipline,  268-69; 
journal  of  proceedings,  269-70; 
voting,  270-71;  adjournment,  271; 
salary  and  privileges  of  members, 
272-74;  prohibitions,  274-75;  com- 
mittees, 277;  election  of  president 

by,  334 

Hudson  Bay  Company,  strength- 
ened English  claim,  183;  trading 
post  of,  at  Nisqually,  185 


Idiots,  insane,  and  criminals,  not  al- 
lowed to  vote,  87,  1 68 

Impeachment,  House  has  sole  power 
of,  86,  256;  cases  of,  256-57;  Sen- 


ate  as   court  of,  129,  166,   264- 

65 

Independence,  Resolution  of,  adopt- 
ed, 212-13;  born  at  meeting  in 
Boston,  209 

Indian  massacre,  1847,  186 

Indian  war,  1855-56,  186 

Indians  not  taxed  not  allowed  to 
vote,  87,  168;  commerce  with,  290 

Indictment,  164 

Individual  right,  Security  of,  70, 
124 

Industries,  Early,  of  the  state,  187 

Information,  70,  123,  164 

Inquests,  to  be  held  by  county 
coroner,  62-63 

Insane,  Hospitals  for,  198;  commit- 
ment of,  199 

Inspection  laws,  state,  324 

Institutions,  see  State  institutions 

Internal  revenue,  285-86 

Interstate  commerce,  288-89,  320- 
21 

Interstate  commerce  commission, 
289,  348-49 

Invasion  and  insurrection,  Protec- 
tion from,  376 

J 

Jefferson,  Thomas,  Election  of,  as 
president,  330-31 

Joint  convention,  Legislative,  137 

Joint  resolutions,  281-82 

Judges  of  superior  courts,  Number 
of,  82;  election  and  terms  of,  82, 
162;  may  sit  in  any  county,  83; 
absences  allowed,  83;  removal, 
83-84;  salaries,  84-85,  160;  sched- 
ule provision  for,  109-10.  See  also 
Judiciary 

Judges  of  state  supreme  court,  80-8 1, 
155,  158,  161-62;  chief  justice,  81, 
162;  absences  of,  83;  removal  of, 
83-84;  salaries,  84-85,  160;  sched- 
ule provision  for,  no.  See  also  Ju- 
diciary 

Judicial  branch  of  national  govern- 
ment, 358-69:  Organization,  358; 
tenure  of  office,  358-59;  supreme 
court,  359;  chief  justice,  360;  in- 
ferior courts,  360-62;  judicial  cir- 


INDEX 


411 


cuits,  360-61;  circuit  and  dis- 
trict courts,  362;  salaries,  362; 
special  courts,  362-64. — Jurisdic- 
tion of  courts,  365-69;  supreme 
court,  366-67;  crimes,  367;  trea- 
son, 368-69;  limit  to  jurisdiction 
of  U.  S.  courts,  386 

Judicial  circuits,  360-61;  salaries  of 
judges,  362 

Judicial  districts,  360,  384;  salaries 
of  judges,  362;  officers  of,  364 

Judiciary,  The  state,  80-86;  analy- 
sis of,  161-65:  Judicial  power, 
80,  161;  supreme  court  of  five 
members,  80,  161;  election  and 
length  of  term,  80-8 1,  161; 
powers  of,  81,  161-62;  chief  jus- 
tice, 81,  162;  reporter,  85,  162; 
clerk,  85,  162.  Superior  courts, 
82-83,  162-63;  number  of  judges, 
82;  election  and  terms,  82,  162; 
jurisdiction,  83,  84,  163;  clerk, 
86,  163;  sessions,  83,  163;  judges 
may  sit  in  any  county,  83;  ab- 
sence allowed,  83;  removal,  83- 
84;  justices  of  the  peace  in  cities, 
84;  courts  of  record,  84,  163;  sal- 
aries, 84-85,  160;  judges  ineligible 
for  other  office,  85;  charging 
juries,  85;  eligibility,  85;  shall  not 
practice  law,  85;  shall  decide 
causes  in  90  days,  85;  opinions  of 
supreme  court  to  be  published, 
85;  court  commissioners,  86; 
rules  of  superior  courts,  86;  judges 
to  report  defects  in  the  law,  86; 
style  of  process,  86;  grand  jury, 
163;  indictment,  164;  information, 
164;  conviction,  164;  trial  by  jury, 
165;  exempt  from  jury  service, 
165;  pay  of  jurors  and  witnesses, 
165 

Jurors,  Pay  allowed,  165 

Jury,  The  grand,  70,  123 

Jury  service,  Persons  exempt  from, 
165 

Jury,  Trial  by,  in  state  courts,  69, 
121,  165;  in  U.  S.  courts,  367,  384 

Justice,  open  and  speedy,  68,   118 

Justice's  court,  The,  23-26;  justice 
of  the  peace,  23;  jurisdiction  of, 
23>  25;  lawsuits,  civil  and  criminal, 


23-25;  change  of  venue,  24;  pro- 
cedure, 25;  other  powers  of,  25- 
26;  the  constable,  26 


Land  claims  of  the  original  states, 
Disposition  of  the,  9 

Land  grants  from  the  public  do- 
main, 15 

Land  surveys,  10-11 

Law  of   nations,   Offenses  against, 

307 

Lawmaking  in  Congress,  275-82; 
Revenue  bills,  275-76;  introduc- 
ing bills,  276-77;  committees, 
277-78;  three  readings,  278-79; 
further  action,  279;  action  of 
president,  279-81;  joint  resolu- 
tions, 281-82 

Laws  (state),  How  bills  become, 
75,  133;  take  effect,  75,  135-36; 
amendments  to,  76 

Laws  must  be  uniform,  68,  119 

Laws,  Territorial,  to  remain  in 
force,  1 08 

Lee,  Richard  Henry,  introduced 
resolution  of  independence  in 
Congress,  212 

Legal  tender  money,  298 

Legislative  branch  of  the  national 
government,  241-325.  See  Con- 
stitution of  U.  S.  Art.  I:  The  leg- 
islative branch;  Congress;  House 
of  Representatives;  Senate  of 
U.S. 

Legislative  department  of  the  state, 
70-76;  analysisof,  125-40;  Branch- 
es of  government,  125-26;  the 
legislature,  70,  126.  House  of 
representatives;  persons  eligible 
to,  71,  72,  126,  130,  131;  number 
of  members,  70,  126-27;  census, 
70-71,  127;  elections,  71,  127; 
citizenship,  71,  127-28;  qualifi- 
cations of  members,  71,  132.  Sen- 
ate, membership,  70,  128;  sena- 
torial districts,  71,  128;  powers 
of,  73,  129;  impeachment,  86- 
87,  129;  quorum,  71,  133;  lieu- 
tenant governor  presiding  officer, 
72,  130.  Both  houses,  sessions, 


4I2 


INDEX 


72,  129-30;  determine  rules,  72, 
132;  elect  -officers,  72,  73,  130; 
keep  journal  of  proceedings,  72, 
133;  vacancies,  72,  131;  privi- 
leges of  members,  73,  131;  free- 
dom of  speech,  73,  131;  style  of 
laws,  73;  bills,  73,  75,  76,  133; 
yeas  and  nays,  73,  133;  salaries 
and  mileage,  73,  130;  prohibitions 
laid  on,  73,  74,  132,  i34~35; 
suits  against  the  state,  73,  132; 
convict  labor,  74,  135;  bribery, 
74-75,  135;  laws  take  effect,  75, 
135-36;  aliens  prohibited  from 
owning  lands,  75,  139;  bureau  of 
statistics,  75-76,  138;  protection 
of  miners,  76,  138;  railroad  passes, 
76,  138;  joint  convention,  137; 
election  of  U.  S.  senators,  137; 
congressional  districts,  138 

Legislative  powers  of  county  com- 
missioners, 49 

Legislature,  see  Legislative  depart- 
ment 

Letters  of  marque  and  reprisal,  308 

Lewis  and  Clark,  Expedition  of,  184 

Liberty  bell,  The,  212 

Librarian  of  Congress,  349-50 

Library,  County  circulating,  for 
public  schools,  39;  tax  for  sup- 
port of,  39 

Lieutenant  governor,  Duties  of, 
79,  141-42;  liable  to  impeach- 
ment, 86-87 

Life,  liberty,  and  property,  Protec- 
tion of,  382-83,  388 

Locke,  John,  drafted  constitution 
for  the  Carolinas,  204 

Lottery,  Legislature  prohibited  from 
authorizing  any,  73,  132 

Low  water  mark,  306 


M 


Mace    adopted    by    first    congress, 

253-54 
Madison,  James,  tribute  to  members 

of  constitutional  convention,   217 
Maine,  Sir  Henry,  on  constitution, 

219 
Manufacturing    prohibited    in    the 

colonies,   208 


Map  of  Washington,  44 

Marine  jurisdiction,  306-7 

Marriage  licenses,  57 

Mayor,  Duties  of  a,  30 

Medicine  and  surgery,  Practice  of, 
regulated,  104,  178 

Members  of  congress,  see  House  of 
representatives;  Senate  of  U.  S. 

Meridians,  how  named,  10-11 

Mileage  and  stationery  for  members 
of  congress,  273-74 

Military  subordinate  to  civil  power, 
69,  70,  1 20— 21,  124,  381 

Militia,  The,  93,  173-74,  38o5  c'l^~ 
zens  liable  to  military  duty,  93, 
173;  provisions  for  organization, 
93,  J73>  3T35  governor  is  com- 
mander in  chief,  and  may  call 
out,  93,  173,  310,  313;  a  soldiers' 
home,  93;  privileged  from  arrest, 
93,  173;  exemption  to  be  paid 
for,  93,  i73 

Ministers,  Foreign,  354 

Mints,  United  States,  297 

Missouri  Compromise  unconstitu- 
tional, 365-66;  387 

Molasses  Act  of  1733,  208 

Monarchial  government,  202 

Money,  public,  Private  profit  from, 
a  felony,  96,  175;  must  be  de- 
posited with  proper  officer,  96- 

97,  i?5 
Monopolies   and   trusts   prohibited, 

100 
Morris,     Gouverneur,     made     final 

draft  of  constitution,  218 
Municipal  corporation,   Each   town 

and  city  a,  27 
Municipal    government,    see   Cities, 

Town  and  city  government 

N 

Names  of  counties  after  distin- 
guished men,  43-45;  of  Indian 
origin,  45 

Nation  supreme,  325,  394-95 

National  government,  Limitations 
on  the,  386 

National  Guard  of  Washington, 
The,  173 

Naturalization,  290-95;  declaration 


INDEX 


413 


of  intention,  291-92;  residence, 
292;  oaths,  292-94;  exceptions, 
294-95;  races  excluded,  295;  ex- 
patriation, 295 

Naval  Academy  at  Annapolis,  312 

Navigation  acts,  208;  aroused  bitter 
opposition,  209 

Navy,  The  United  States,  310-11 

Negroes,  Equal  rights  for,  389,  390; 
right  of  suffrage,  393 

New  Jersey  plan  for  U.  S.  constitu- 
tion, 217 

Nobility,  English,  203 

Normal  institute  held  yearly,  59 

Normal  schools,  191-93 

North  Yakima,  Fruit  raising  near, 

Northern  Pacific,  first  important  rail- 
road, 187 

Northwest  Territory,  Acquisition  of 
tin-,  9;  organization  of  the,  10; 
system  of  land  surveys  first  used  in 
the,  10 

Notary  public,  not  a  county  officer, 
63-64;  powers  of,  64 

Notice  of  suit  in  justice's  court,  24 


Oath  and  bond,  Every  civil  officer 

under,  29 
(  >ath  of  offu  r,  157-58,  396;  of  presi- 

dc-iit,  342 

( )ath,  The  ironclad,  391 
<  >athx  and  affirmations,  67,  117 
Officers,  All  state,  liable  to  impeach- 
ment or  removal,  86-87;  shall  not 

profit  from  public  moneys,  96,  175; 

required    to    qualify,     157,    396; 

oath  of  office,  157-58;  reports  of, 

158;   vacancies,   how  filled,    158; 

ineligibility,  159;  term,  bonds,  and 

salaries  of,  159-60. 
Officers,  All  territorial,  to  hold  over 

until  superseded  by  authority  of 

the  state,  109,  in 
Officers,  County,  46 
Officers  of  cities  of  the  first  class,  28; 

of  cities  of  the  second  class,  28; 

of  cities  of  the  third  class,  31;  of 

towns,  32 
Officers  of  the  civil  township,  20-22 


Officers,  Subordinate,  of  the  legis- 
lature, 72,  130 

Oil  inspector,  State,  153 

Okanogan,  Fruit  raising  in,  187 

Olympia  selected  as  state  capital, 
176 

Ordinance  of  1787,  10 

Oregon  country,  Joint  occupation  of 
the,  184 

Oregon  territory  acquired,  185 

Organization  of  civil  townships,  19- 
20 

Otis,  James,  a  leader  in  Boston 
nu-i-ting  to  oppose  navigation  acts, 
209 

Overseers  of  highways,  22 


Paper  money,  300-301;  counterfeit- 
ing, 299-300 
Pardoning  power,  Governor  has,  77, 

143 

Parliament,  Oppressive  acts  of, 
207-10 

Passes,  Railroad,  prohibited  to  pub- 
lic officials,  76,  loo,  138 

Patent,  or  deed,  for  land,  Form  of 
U.  S.,  16-17 

Patents,  United  States,  304-5 

Patriarchal  government,  201 

Patriotism  inculcated  in  the  schools, 
38 

Penitentiary,  State,  194-96;  govern- 
ment of,  195;  reduction  of  term 
in,  for  good  behavior,  196 

Personal  rights  protected,  67,  117; 
reserved,  385 

Persons,  accused,  Rights  of,  382-84 

Petition,  The  right  of,  67,  117 

Piracy,  306 

Pocket  veto,  281 

Political  power  inherent  in  the  peo- 
ple, 67,  116. 

Population  in  1853,  185 

Port  Townsend,  Early  settlement  at, 

i85 

Post  offices,  301,  302-3 
Post  roads,  303 
Postage,  Rate  of,  301-2 
Postal  union,  International,  302 
Postmaster-general,  346 


414 


INDEX 


Preamble  to  state  constitution,  67; 
the  enacting  clause,  116 

Preamble  to  U.  S.  Constitution, 
236-38 

President,  326-57;  term,  327;  num- 
ber of  terms,  327-28;  manner  of 
choosing,  328-29;  electors,  329; 
election  of,  330-34;  qualifications, 
336-37;  vacancies,  338-39;  salary, 
339-41;  the  White  House,  341; 
oath,  342;  powers  of,  342-51;  con- 
sent of  senate,  351-52;  duties, 
352-56;  removal,  356-57 

President's  message,  152-53 

Primary  elections,  168,  169-70 

Private  affairs  protected,  68,  117 

Private  property  protected,  68-69, 
120,  382-83,  388;  shall  not  be 
taken  for  corporate  debt,  96 

Privileges,  Special,  forbidden,  68,  70, 
118,  123-24 

Prize  courts,  308-9 

Probate  courts,  57;  books  and  rec- 
ords of,  to  be  transferred  to  su- 
perior courts,  no- 1 1 

Prohibition  article  voted  on  with 
constitution,  112 

Prohibitions  laid  on  legislature,  73, 
74,  132,  134-35 

Property,  Assessment  of,  51-53; 
exemptions,  52-53;  board  of 
equalization,  53;  exempted  from 
forced  sale,  104,  178;  personal, 
115.  See  also  Private  property 

Property,  condemned,  383 

Proprietary  colonies,  206 

Prosecuting  attorney,  Duties  of,  63 

Public  domain,  The,  defined,  15; 
land  grants  made  from,  15;  form 
of  U.  S.  patent,  16 

Public  funds,  Care  of,  321-22 

Public  instruction,  State  superin- 
tendent of,  issues  teachers'  certifi- 
cates, 41;  apportions  state  school 
funds,  60 

Public  printer,  The,  148,  349-50 

Public  schools,  The,  33-42:  The 
school  fund,  33;  general  provisions 
of  school  law,  33-34;  school  dis- 
tricts, 34-35;  school  census,  35; 
directors  in  districts  of  first  class, 
35-36;  of  second  and  third  classes, 


36;  compulsory  education,  36-38; 
train  for  citizenship,  38;  commis- 
sion on  textbooks,  38-39;  cir- 
culating libraries  for,  39;  current 
state  school  fund,  39;  county  and 
district  taxes  for,  39-40;  bonds  for, 
40;  qualifications  of  teachers,  40- 
41;  teachers'  certificates,  41-42; 
state  must  provide  a  general  and 
uniform  system  of  common,  high, 
normal,  and  technical,  91,  172; 
must  be  nonsectarian,  92,  172 
Public  service  commissioners,  148 
Puget  Sound,  first  American  settle- 
ment on,  185;  the  fisheries  of,  187 


Qualification  of  all  civil  officers,  46- 

47,  157 

Quarter  section,  Size  of,  how  num- 
bered and  subdivided,  13-14;  dia- 
gram and  designation  of  divi- 
sions, 14 

Quorum,  Counting  a,  in  national 
house  of  representatives,  267-68 

Quorum  in  houses  of  legislature,  70, 
133 


Railroad  companies,  Constitutional 
provisions  regarding,  98-101 

Railroads,  First  important,  187 

Ranges,  how  surveyed  and  desig- 
nated, 11-12 

Ratification  of  U.    S.   constitution, 

397 

Rebellion,  Effects  of,  390-91 

Recall  of  a  councilman,  29 

Recognizances,  bonds,  judgments, 
decrees,  claims,  etc.,  of  the  Terri- 
tory, shall  remain  valid  to  the 
state,  108-9 

Reconstruction:  Fourteenth  amend- 
ment, 388-92;  citizenship,  388- 
89;  equal  rights,  389;  representa- 
tion, 389-90;  effects  of  rebellion, 
390-91;  war  debts,  391-92 

Recorder,  see  County  auditor,  54 

Records,  Certified,  371 

Rectangular  surveys,  10-11 


INDEX 


Reformatory  established,  197 
Religious  liberty,  68,  118-19;  abso- 
lute, guaranteed,  115 
Religious  test  prohibited,  396-97 
Representation,  389-90 
Republic,  A,  defined,  202     • 
Republican    form    of    government 
guaranteed  to  each  state,  370,  376 
Requisition  for  criminals,  372 
Residence  qualification  for  voting, 

87,  167 

Revenue  and  taxation,  88-89,  170- 
71:  Property  taxed,  88,  170;  rate 
shall  be  uniform,  88-89,  ll°'  °f 
corporations,  89,  170;  levying 
So;  annual  stutrnu-nts  to 
IK-  published,  S<j;  dfficien 
be  provided  for,  X<j;  of  c  itics 
towns,  etc.,  89 

Revenue  I)ills,  National,  275-76 
Rights  reserved,  70,  u.j,  ^S.S-86 
Road  supervisors,  22;  appointed  l»y 
(ounty  commissioners,  48;  duties 
of,  48-49 
R<»ad  taxes  payable  in  labor  on  the 

highways,  49' 
Royal  provinces,  206 
Rules  of  order,  72,  132-33 

Russia  ceded  claim  on  west  coast 
to  England,  184 


Salaries  of  city  officers,  29,  31,  32; 

of  county  assessor,  51;  of  county 

auditor,   52;  of  county  treasurer, 

56;  of  county  clerk,  57 
Salaries  of  state  officers,  159-60 
Salary  grab  in  congress,  273 
Salary    of     members    of    congress, 

272-73 
Schedule  providing  for  change  from 

territorial    to    state    government, 

108-13,  181-82 
School  and  granted   lands  held  in 

trust,   103,    176;  how  to  be  sold, 

103-4,  176-77 

School  census  taken  each  year,  34 
School  day,  week,  month,  and  year, 

School    directors,    Board    of,    and 
duties  of,  35-36 


School  district  bonds,  40 
School   districts,   Three   classes   of, 
34;  board  of  directors,  how  chosen, 

School  for  defective  youth,  193- 
94 

School  fund,  Current  state,  39 

School  fund,  The  permanent,  33; 
none  of,  shall  be  loaned,  104,  177; 
investment  of,  114 

School  tax,  County,  39-40 

School  tax,  District,  40 

Schools,  common,  Subjects  taught 
in  the,  33-34.  See  also  Public 
schools 

Seal  of  the  state,  70,  104,  144,  177 

-  of  municipalities  and  county 
officers,  no 

Searches  and  seizures,  Security 
against,  381-82 

of  government,  Location  of  the, 
101-2,  176;  Olympia  selected  by 
popular  vote,  176 

Seat  of  national  government,  314 

Seattle,  Mills  located  at,  185 

Secretary  of  navy,  346 

Secretary  of  state,  344 

Secretary  of  the  state,  76;  salary  of, 
79;  duties  of,  144;  on  board  of 
equalization,  150 

Secretary  of  treasury,  344 

Secretary  of  war,  345-46 

Sections  of  congressional  township, 
how  numbered,  12-13;  division 
of,  13-14;  diagrams  of  quarter 
sections,  13-14 

Sections  of  public  domain  set  apart 
for  school  fund,  15 

Senate  of  the  United  States,  257- 
65;  objected  to,  257-58;  number 
of  members,  258;  manner  of 
choosing,  258-59;  term  in,  259; 
vote,  259;  classification,  260-61; 
ten  states  represented  in  first, 
261;  qualifications  for,  261-62, 
267;  presiding  officer,  262-63; 
other  officers  elected,  263-64; 
president  pro  tempore  chosen, 
263-64;  as  a  court  of  impeach- 
ment, 264-65;  quorum,  267; 
discipline,  268-69;  journal  of 
proceedings,  269-70;  executive 


416 


INDEX 


session,  270;  voting,   270-71;  ad- 
journment, 271;  salary  and  privi- 
leges of  members,   272-74;    pro- 
hibitions,    274-75;      committees, 
277-78;  consent  of ,  to  treaties  and 
appointments,  351-52 
Senate  (state),  Membership  of,  70, 
128-29;    senatorial    districts,    71, 
128,    139;    powers  of,   coordinate 
with  the  house,  73,  129;  as  court 
of  impeachment,  86,  129 
Sessions  of  legislature,  72,  129-30 
Sessions,  Special,  called  by  governor, 

77,  143 
Settlements,  Earliest  in  state,   185; 

early  in  the  United  States,  205 
Sheriff,  The  county,   57-58;   salary 

of,  58;  deputies,  58 
Slavery,  248-49,  316-18;  abolished, 

387-88 
Slaves,  Compromise  apportionment 

based  on,  249 
Soldiers'  home,  93,  199 
Soldiers,  Quartering,  381 
Sons  of  Liberty,  210 
Spain    claimed    land    bordering   on 

the  Pacific,   183;  ceded  claim  to 

United  States,  184 
Speaker  of   the   house,   state,   132; 

U.  S.,  253 
Spokane   county   the   only   one    to 

adopt  the  civil  township  system, 

20 

Stamp  Act,  The,  209;  repeal  of,  210 
Stamp-Act  Congress,  The,  and  its 

work,  209-10 

Standard  parallels  defined,  14 
State    board    of    control,     156-57; 

powers  of  the,  156-57 
State  board  of  education,  146-47 
State    college,     191;     experimental 

station  at  Puyallup,  191 
State  constitutions  and  laws,  370- 

7i 

State,  county,  and  municipal  in- 
debtedness, 89-91,  171;  state 
debts;  prohibition,  limit,  and  for 
specific  purpose,  89-90,  171; 
county  and  municipal,  limits  and 
prohibitions,  91,  171  . 

State  debts,  386 

State  government,  see  Constitution 


State  governments,  Congress  recom- 
mended formation  of,  213 

State  institutions,  101,  175-86,  189- 
200;  state  university,  189-90; 
state  college,  191;  normal  schools 
191-93.;  school  for  defective  youth, 
193-94;  institution  for  the  care  of 
feeble-minded  children,  194;  state 
penitentiary,  194—96;  state  reform- 
atory, 197 ;  Washington  state  train- 
ing school,  197 -98;  hospitals  for  the 
insane,  198-99;  soldiers'  home,  199 

State  librarian,  The,  156 

State  library  commission,  155-56 

State  reformatory,  197 

State  revenue,  324 

State  superintendent  of  public  in- 
struction, 41,  60 

State's  process  allowed  on  govern- 
ment land,  106-7,  180-81 

States,    new,    Admission    of,    373, 

374-75 

States,  Prohibitions  on  the,  323-25; 
unconditional,  323-24;  condi- 
tional: state  revenue,  324;  inspec- 
tion laws,  324;  food  inspection^ 
324;  nation  supreme,  325 

States,  Relations  of  the,  370-76: 
State  records;  constitutions,  laws, 
370-71;  relations  of  citizenship, 
371-72;  fugitives  from  justice, 
372;  from  service,  372-73;  new 
states  and  territories,  373-76; 
state  government,  376 

Statistics,  agriculture,  and  immigra- 
tion, Bureau  of,  75-76,  138 

Stevens,  Gov.,  made  treaties  with 
Indians,  186 

Subdivisions  of  congressional  town- 
ship, 13-14 

Succession,  Executive,  77,  143-44 

Suffrage,  Right  of,  inviolable,  69, 
121 ;  under  Fifteenth  amendment, 

393 

Superintendent  of  public  instruc- 
tion, 76;  salary  of,  79-80;  duties 
of,  145-46;  member  board  of  ed- 
ucation, 146;  biennial  report  of, 
146 

Superior  court  in  each  county,  82- 
83,  162-63;  number  of  judges, 
82;  jurisdiction  of,  83,  84,  163; 


INDEX 


417 


clerk,  86,   163;  courts  of  record, 

84,  163;  sessions,   163;  cases  in, 
to   be   decided    in   90   days,    85; 
rules  for,  86;  seals  of,  no 

Superior  court  of  each  county,  the 

court  of  probate,  57 
Supervisors  of  civil  township,  20-21 
Supreme  court  of  D.  C.,  363-64 
Supreme  court  of  U.  S.,  358,  359; 

jurisdiction  of,  366-67 
Supreme  court  of  Washington,  80- 
81,   161;  jurisdiction  and  powers 
of,  81,    161-62;  chief  justice  of, 
81,  162;  reporter,  85,  162;  clerk, 

85,  162;  seal  of  the,  no 
Surveys  by  county  surveyor,  61 
Surveys,  10-11 


Tariff,  The,  284-85 

Tax  commissioners,  Board  of,  151; 

duties  of,  151 

Tax  levy,  The  state,  88-89,  150-51 
Taxation  for  local  purposes,  96,  175 
Taxation,  Rate  of,  how  determined, 

I51 

Taxation  without  representation, 
208 

Taxes,  how  levied,  50-51,  88,  89, 
150-51;  application  of  rates,  51, 
88-89;  school,  vary  with  needs 
of  district,  51;  when  due,  55; 
penalty  on  delinquent,  55-56.  See 
also  Revenue  and  taxation 

Taxes,  United  States,  282-84;  di- 
rect, 283,  319-20;  indirect,  283- 

84 

Tea,  Tax  upon,  resisted,  211 

Teachers,  Examination  of,  con- 
ducted by  county  superintend- 
ents, 41;  or  by  city  local  boards 
of  examiners,  41;  classes  of  cer- 
tificates, 41-42 

Temporary  state  capitol,  The,  125 

Territorial  courts,  364 

Territorial  government,  Provisions 
for  change  from,  to  state,  108-13: 
375-76 

Territory  acquired,  373-74 

Textbooks,  how  selected  for  the 
public  schools,  38-39 


Theocratic  government,  201 

Thirteen  original  states,  205-6 

Throne,  Title  to,  202 

Tide  lands,  claimed  by  the  state, 
104,  177;  territorial  laws  grant- 
ing, invalidated,  108 

Titles  of   nobility  prohibited,  322- 

23 

Town  and  city  government,  27-32; 
cities  classified,  127;  of  first  class 
under  charters,  27-28;  of  second 
to  fourth  class  under  general 
laws,  28-32 

Town  meeting,  the  beginning  of 
local  self-government,  20 

Towns,  incorporated,  Officers  of,  32 

Townshcnd  Act,  210 

Township  assessor,  21-22 

Township  clerk,  21 

Township  supervisors,  20-21;  acting 
as  board  of  review,  22 

Townships,  Kinds  of,  9;  civil,  9,  12, 
19-22;  congressional,  9-18;  and 
ranges,  how  surveyed,  11-12. 
See  also  Civil  Township,  Congres- 
sional Township. 

Treason  defined,  70,  123,  356,  368- 
69 

Treasurer,  city,  Duties  of,  30-31 

Treasurer,  county,  55 

Treasurer  of  civil  township,  21 

Treasurer  of  state,  76;  salary  of,  79; 
duties  of,  144-45;  ineligible  for 
reelection,  159 

Treasurer  of  United  States,  344 

Treaties,     Consent    of     senate     to, 

351 
Treaty  of  peace,  307-8 


Union,  Steps  of  colonies  toward,  207 
United  colonies  of  New  England,  207 
United  States  property,  Congress  has 

exclusive    legislation    over,    315; 

states  may  serve  legal  process  on, 

United  States  senators,  Election  of, 

137-38 

University  of  Washington  organized, 
189;  purpose  of,  190;  grants  of 
land  for,  190;  courses  of  study,  190 


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